A BILL to amend and reenact §5-5-3 of the Code of West Virginia,
1931, as amended; to amend and reenact §5-10-2, §5-10-15,
§5-10-17, §5-10-21, §5-10-22, §5-10-23, §5-10-26, §5-10-27 and
§5-10-44 of said code; to amend and reenact §5-10A-2 and
§5-10A-3 of said code; to amend said code by adding thereto a
new section, designated §5-10A-11; to amend and reenact
§7-14D-23 of said code; to amend said code by adding thereto
three new sections, designated §15-2-25b, §15-2-31a and
§15-2-31b; to amend and reenact §15-2-26, §15-2-27, §15-2-27a,
§15-2-28, §15-2-29, §15-2-30, §15-2-31, §15-2-32, §15-2-33,
§15-2-34 and §15-2-37 of said code; and to amend and reenact
§18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23a, §18-7A-25,
§18-7A-26 and §18-7A-34 of said code, all relating to state
pensions and retirement generally; providing comprehensive changes to certain plans administered by the Consolidated
Public Retirement Board; clarifying members' accrued and
unused leave of any kind not used in computing final average
salary; amending and adding definitions relating to the Public
Employees Retirement System; clarifying use of restricted
qualified military service credit to one retirement system;
restricting certain rights of members to select a plan
beneficiary; requiring certification of continued disability
and earnings statement from certain disability benefit
recipients; providing for interest in calculation of benefits
payable on death of retired participants; providing for
correction of employer errors, including payment of interest;
establishing earnings limits for certain disability benefits
recipients; requiring annual physician review and an annual
statement of earnings from certain persons receiving
disability retirement payments; providing for suspension of
benefits upon failure of disability retiree to furnish certain
information; providing that interest is to be included in the
calculation of terminal benefits payable as the result of
death of retired participants; clarifying use of members'
unused, accrued leave in final average salary; making
technical corrections to the Public Employees Retirement
System; amending the definitions of "less than honorable
service" and "retirement plan"; increasing the time to issue
notice to terminate benefits; requiring prosecuting attorneys
to notify retirement board of convictions or pleas related to less than honorable service; providing that any person
becoming a member of the Deputy Sheriff Retirement System
after the first day of July, two thousand five, may not borrow
from that plan; relating to the West Virginia State Police
Death, Disability and Retirement Fund generally; adding
general definitions to the West Virginia State Police Death,
Disability and Retirement Fund; adding definitions of
"law-enforcement officer", "partially disabled", "totally
disabled" and "physical or mental impairment" to the West
Virginia State Police Death, Disability and Retirement Fund;
making technical changes to the West Virginia State Police
Death, Disability and Retirement Fund; providing for probable
permanent disability status; specifying that total disability
is inability to perform any substantial gainful employment and
that partial disability is inability to perform law-
enforcement duties; providing that member receiving annuity
for partial disability incurred in performance of duty may be
employed as an elected sheriff or appointed chief of police if
it is shown to the Board that such employment is not
inconsistent with the partial disability; allowing application
for disability to be made by person acting on member's behalf;
allowing Superintendent to petition Board for member's
disability when he or she considers member disabled;
authorizing rules; judicial review; allowing Board to withhold
payment pending judicial review; requiring disability
recipient to file annual statement of earnings and setting forth penalty for refusal or failure to do so; requiring
annual report of State Police disability retirement
experience; State Teachers Retirement System; amending, adding
and alphabetizing the definitions; providing for the use of
qualified military service in the State Teachers Retirement
System; providing that in the case of deceased retired
participants that interest is to be included in the
calculation of terminal benefits payable and making other
technical modifications in the State Teachers Retirement
System; clarifying provisions for loan repayment in the State
Teachers Retirement System; replacing earnable compensation
with gross salary in the State Teachers Retirement System;
clarifying maximum loan amount and making technical
corrections in the State Teachers Retirement System; and
discontinuing the loan program participation of teachers and
nonteachers who become members of the Teachers Retirement
System on or after the first day of July, two thousand five.

Be it enacted by the Legislature of West Virginia:
That §5-5-3 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that §5-10-2, §5-10-15, §5-10-17, §5-10-21,
§5-10-22, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of said code be
amended and reenacted; that §5-10A-2 and §5-10A-3 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §5-10A-11; that §7-14D-23 of said code be
amended and reenacted;
that said code be amended by adding thereto
three new sections, designated §15-2-25b, §15-2-31a and §15-2-31b;that §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2-29, §15-2-30,
§15-2-31, §15-2-32, §15-2-33, §15-2-34 and §15-2-37 of said code be
amended and reenacted; and that §18-7A-3, §18-7A-14, §18-7A-17,
§18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A-34 of said code be
amended and reenacted, all to read as follows:

eave at termination of employment;
no withholding of any employee contribution deduction;
exception.Every eligible employee, as defined in section one of this
article, at the time his or her active employment ends due to
resignation, death, retirement or otherwise, may be paid in a lump
sum amount, at his or her option, for accrued and unused annual
leave at the employee's usual rate of pay at suchthe time. The
lump sum payment shall be made by the time of what would have been
the employee's next regular payday had his or her employment
continued. In determining the amount of annual leave entitlement,
weekends, holidays or other periods of normal, noncountable time
shall be excluded, and no deductions may be made for contributions
toward retirement from lump sum payments for unused, accrued annual
leave of any kind or character, since no period of service credit is granted in relation thereto; however, such lump sum payment for
unused, accrued leave of any kind or character may not be a part of
final average salary computation; and where any such deduction of
employee contribution may have been heretofore made previously, a
refund of suchthe amount deducted shall be granted the former
employee and made by the head of the respective former employer
spending unit: Provided, That the Superintendent of the department
of public safetyWest Virginia State Police shall make deductions
for retirement contributions of members of the departmentState
Police Death, Disability and Retirement Fund previously created and
continued in section twenty-six, article two, chapter fifteen of
this code since retirement benefits are based on cumulative
earnings rather than period of service.ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-2. Definitions.Unless a different meaning is clearly indicated by the
context, the following words and phrases as used in this article,
have the following meanings:1) "State" means the state of West Virginia;(2) "Retirement system" or "system" means the West Virginia
public employees retirement system created and established by this
article;(3) "Board of trustees" or "board" means the board of trustees
of the West Virginia public employees retirement system;(4) "Political subdivision" means the state of West Virginia, a county, city or town in the state; a school corporation or
corporate unit; any separate corporation or instrumentality
established by one or more counties, cities or towns, as permitted
by law; any corporation or instrumentality supported in most part
by counties, cities or towns; and any public corporation charged by
law with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or
towns: Provided, That any mental health agency participating in
the public employees retirement system before the first day of
July, one thousand nine hundred ninety-seven, is considered a
political subdivision solely for the purpose of permitting those
employees who are members of the public employees retirement system
to remain members and continue to participate in the retirement
system at their option after the first day of July, one thousand
nine hundred ninety-seven: Provided, however, That the regional
community policing institute which participated in the public
employees retirement system before the first day of July, two
thousand, is considered a political subdivision solely for the
purpose of permitting those employees who are members of the public
employees retirement system to remain members and continueto
participate in the public employees retirement system after the
first day of July, two thousand;(5) "Participating public employer" means the state of West
Virginia, any board, commission, department, institution or
spending unit, and includes any agency created by rule of the
supreme court of appeals having full-time employees, which for the purposes of this article is considered a department of state
government; and any political subdivision in the state which has
elected to cover its employees, as defined in this article, under
the West Virginia public employees retirement system;(6) "Employee" means any person who serves regularly as an
officer or employee, full time, on a salary basis, whose tenure is
not restricted as to temporary or provisional appointment, in the
service of, and whose compensation is payable, in whole or in part,
by any political subdivision, or an officer or employee whose
compensation is calculated on a daily basis and paid monthly or on
completion of assignment, including technicians and other personnel
employed by the West Virginia national guard whose compensation, in
whole or in part, is paid by the federal government: Provided,
That members of the Legislature, the clerk of the House of
Delegates, the clerk of the Senate, employees of the Legislature
whose term of employment is otherwise classified as temporary and
who are employed to perform services required by the Legislature
for its regular sessions or during the interim between regular
sessions and who have been or are employed during regular sessions
or during the interim between regular sessions in seven consecutive
calendar years, as certified by the clerk of the house in which the
employee served, members of the legislative body of any political
subdivision and judges of the state court of claims are considered
to be employees, anything contained in this article to the contrary
notwithstanding. In any case of doubt as to who is an employee
within the meaning of this article, the board of trustees shall decide the question;(7) "Member" means any person who is included in the
membership of the retirement system;(8) "Retirant" means any member who retires with an annuity
payable by the retirement system;(9) "Beneficiary" means any person, except a retirant, who is
entitled to, or will be entitled to, an annuity or other benefit
payable by the retirement system;(10) "Service" means personal service rendered to a
participating public employer by an employee, as defined in this
article, of a participating public employer;(11) "Prior service" means service rendered prior to the first
day of July, one thousand nine hundred sixty-one, to the extent
credited a member as provided in this article;(12) "Contributing service" means service rendered by a member
within this state and for which the member made contributions to a
public retirement system account of this state, to the extent
credited him or her as provided by this article. This revised
definition is retroactive and applicable to the first day of April,
one thousand nine hundred eighty-eight, and thereafter;(13) "Credited service" means the sum of a member's prior
service credit and contributing service credit standing to his or
her credit as provided in this article;(14) "Limited credited service" means service by employees of the West Virginia educational broadcasting authority, in the
employment of West Virginia university, during a period when the
employee made contributions to another retirement system, as
required by West Virginia university, and did not make
contributions to the public employees retirement system: Provided,
That while limited credited service can be used for the formula set
forth in subsection (e), section twenty-one of this article, it may
not be used to increase benefits calculated under section
twenty-two of this article;(15) "Compensation" means the remuneration paid a member by a
participating public employer for personal services rendered by him
or her to the participating public employer. In the event a
member's remuneration is not all paid in money, his or her
participating public employer shall fix the value of the portion of
his or her remuneration which is not paid in money;(16) "Final average salary" means either:(A) The average of the highest annual compensation received by
a member (including a member of the Legislature who participates in
the retirement system in the year one thousand nine hundred
seventy-one or thereafter) during any period of three consecutive
years of his or her credited service contained within his or her
ten years of credited service immediately preceding the date his or
her employment with a participating public employer last
terminated; or(B) If he or she has less than five years of credited service, the average of the annual rate of compensation received by him or
her during his or her total years of credited service; and in
determining the annual compensation, under either paragraph (A) or
(B) of this subdivision, of a member of the Legislature who
participates in the retirement system as a member of the
Legislature in the year one thousand nine hundred seventy-one or in
any year thereafter, his or her actual legislative compensation
(the total of all compensation paid under sections two, three, four
and five, article two-a, chapter four of this code) in the year one
thousand nine hundred seventy-one or in any year thereafter, plus
any other compensation he or she receives in any year from any
other participating public employer including the state of West
Virginia, without any multiple in excess of one times his or her
actual legislative compensation and other compensation, shall be
used: Provided, That "final average salary" for any former member
of the Legislature or for any member of the Legislature in the year
one thousand nine hundred seventy-one who, in either event, was a
member of the Legislature on the thirtieth day of November, one
thousand nine hundred sixty-eight, or the thirtieth day of
November, one thousand nine hundred sixty-nine, or the thirtieth
day of November, one thousand nine hundred seventy, or on the
thirtieth day of November in any one or more of those three years
and who participated in the retirement system as a member of the
Legislature in any one or more of those years means: (i) Either
(notwithstanding the provisions of this subdivision preceding this
proviso) one thousand five hundred dollars multiplied by eight, plus the highest other compensation the former member or member
received in any one of the three years from any other participating
public employer including the state of West Virginia; or (ii)
"final average salary" determined in accordance with paragraph (A)
or (B) of this subdivision, whichever computation produces the
higher final average salary (and in determining the annual
compensation under (ii) of this proviso, the legislative
compensation of the former member shall be computed on the basis of
one thousand five hundred dollars multiplied by eight, and the
legislative compensation of the member shall be computed on the
basis set forth in the provisions of this subdivisionimmediately
preceding this proviso or on the basis of one thousand five hundred
dollars multiplied by eight, whichever computation as to the member
produces the higher annual compensation);(17) "Accumulated contributions" means the sum of all amounts
deducted from the compensations of a member and credited to his or
her individual account in the members' deposit fund, together with
regular interest on the contributions;(18) "Regular interest" means the rate or rates of interest
per annum, compounded annually, as the board of trustees adopts
from time to time;(19) "Annuity" means an annual amount payable by the
retirement system throughout the life of a person. All annuities
shall be paid in equal monthly installments, using the upper cent
for any fraction of a cent;(20) "Annuity reserve" means the present value of all payments
to be made to a retirant or beneficiary of a retirant on account of
any annuity, computed upon the basis of mortality and other tables
of experience, and regular interest, adopted by the board of
trustees from time to time;(21) "Retirement" means a member's withdrawal from the employ
of a participating public employer with an annuity payable by the
retirement system;(22) "Actuarial equivalent" means a benefit of equal value
computed upon the basis of a mortality table and regular interest
adopted by the board of trustees from time to time;(23) "Retroactive service" means: (1) Service an employee was
entitled to, but which the employer has not withheld d to
prior service at no cost in accordance with 162 CSR 5.1613;(24) "Required beginning date" means the first day of April of
the calendar year following the later of: (A) The calendar year in
which the member attains age seventy and one-half; or (B) the
calendar year in which the member ceases providing service covered
under this system to a participating employer;(25) "Internal Revenue Code" means the Internal Revenue Code
of 1986, as it has been amended; and(26) "Plan year" means the same as referenced in section
forty-two of this article.
(1) "Accumulated contributions" means the sum of all amounts deducted from the compensations of a member and credited to his or
her individual account in the members' deposit fund, together with
regular interest on the contributions;
(2) "Accumulated net benefit" means the aggregate amount of
all benefits paid to or on behalf of a retired member;
(3) "Actuarial equivalent" means a benefit of equal value
computed upon the basis of a mortality table and regular interest
adopted by the board of trustees from time to time;
(4) "Annuity" means an annual amount payable by the retirement
system throughout the life of a person. All annuities shall be
paid in equal monthly installments, using the upper cent for any
fraction of a cent;
(5) "Annuity reserve" means the present value of all payments
to be made to a retirant or beneficiary of a retirant on account of
any annuity, computed upon the basis of mortality and other tables
of experience, and regular interest, adopted by the Board of
Trustees from time to time;
(6) "Beneficiary" means any person, except a retirant, who is
entitled to, or will be entitled to, an annuity or other benefit
payable by the retirement system;
(7) "Board of Trustees" or "board" means the Board of Trustees
of the West Virginia Consolidated Public Retirement System;
(8) "Compensation" means the remuneration paid a member by a
participating public employer for personal services rendered by the
member to the participating public employer. In the event a member's remuneration is not all paid in money, his or her
participating public employer shall fix the value of the portion of
the remuneration which is not paid in money;
(9) "Contributing service" means service rendered by a member
within this state and for which the member made contributions to a
public retirement system account of this state, to the extent
credited him or her as provided by this article. This revised
definition is retroactive and applicable to the first day of April,
one thousand nine hundred eighty-eight, and thereafter;
(10) "Credited service" means the sum of a member's prior
service credit, military service credit, workers' compensation
service credit and contributing service credit standing to his or
her credit as provided in this article;
(11) "Employee" means any person who serves regularly as an
officer or employee, full time, on a salary basis, whose tenure is
not restricted as to temporary or provisional appointment, in the
service of, and whose compensation is payable, in whole or in part,
by any political subdivision, or an officer or employee whose
compensation is calculated on a daily basis and paid monthly or on
completion of assignment, including technicians and other personnel
employed by the West Virginia National Guard whose compensation, in
whole or in part, is paid by the federal government: Provided,
That an employee of the Legislature whose term of employment is
otherwise classified as temporary and who is employed to perform
services required by the Legislature for its regular sessions or during the interim between regular sessions and who has been or is
employed during regular sessions or during the interim between
regular sessions in seven or more consecutive calendar years, as
certified by the Clerk of the House in which the employee served,
is an employee, any provision to the contrary in this article
notwithstanding, and is entitled to credited service in accordance
with provisions of section fourteen, article ten, chapter five of
this code, and: Provided, however, That members of the legislative
body of any political subdivision and judges of the State Court of
Claims are employees receiving one year of service credit for each
one year term served and pro rated service credit for any partial
term served, anything contained in this article to the contrary
notwithstanding. In any case of doubt as to who is an employee
within the meaning of this article, the board of trustees shall
decide the question;
(12) "Employer error" means an omission, misrepresentation, or
violation of relevant provisions of this Code or rules promulgated
under this code by the participating public employer that has
resulted in an underpayment or overpayment of contributions
required. A deliberate act contrary to the provisions of this
section by a participating public employer shall not constitute
employer error.
(13) "Final average salary" means either:
(A) The average of the highest annual compensation received by
a member, (including a member of the Legislature who participates in the retirement system in the year one thousand nine hundred
seventy-one or thereafter), during any period of three consecutive
years of credited service contained within the member's ten years
of credited service immediately preceding the date his or her
employment with a participating public employer last terminated; or
(B) If the member has less than five years of credited
service, the average of the annual rate of compensation received by
the member during his or her total years of credited service; and
in determining the annual compensation, under either paragraph (A)
or (B) of this subdivision, of a member of the Legislature who
participates in the retirement system as a member of the
Legislature in the year one thousand nine hundred seventy-one, or
in any year thereafter, his or her actual legislative compensation,
(the total of all compensation paid under sections two, three, four
and five, article two-a, chapter four of this code), in the year
one thousand nine hundred seventy-one, or in any year thereafter,
plus any other compensation he or she receives in any year from any
other participating public employer including the State of West
Virginia, without any multiple in excess of one times his or her
actual legislative compensation and other compensation, shall be
used: Provided, That "final average salary" for any former member
of the Legislature or for any member of the Legislature in the year
one thousand nine hundred seventy-one, who, in either event, was a
member of the Legislature on the thirtieth day of November, one
thousand nine hundred sixty-eight, or the thirtieth day of
November, one thousand nine hundred sixty-nine, or the thirtieth day of November, one thousand nine hundred seventy, or on the
thirtieth day of November in any one or more of those three years
and who participated in the retirement system as a member of the
Legislature in any one or more of those years means: (i) Either
(notwithstanding the provisions of this subdivision preceding this
proviso) one thousand five hundred dollars multiplied by eight,
plus the highest other compensation the former member or member
received in any one of the three years from any other participating
public employer including the State of West Virginia; or (ii)
"final average salary" determined in accordance with paragraph (A)
or (B) of this subdivision, whichever computation produces the
higher final average salary (and in determining the annual
compensation under (ii) of this proviso, the legislative
compensation of the former member shall be computed on the basis of
one thousand five hundred dollars multiplied by eight, and the
legislative compensation of the member shall be computed on the
basis set forth in the provisions of this subdivision immediately
preceding this proviso or on the basis of one thousand five hundred
dollars multiplied by eight, whichever computation as to the member
produces the higher annual compensation);
(14) "Internal Revenue Code" means the Internal Revenue Code
of 1986, as amended, codified at Title 26 of the United States
Code;(15) "Limited credited service" means service by employees of
the West Virginia Educational Broadcasting Authority, in the
employment of West Virginia University, during a period when the employee made contributions to another retirement system, as
required by West Virginia University, and did not make
contributions to the Public Employees Retirement System: Provided,
That while limited credited service can be used for the formula set
forth in subsection (e), section twenty-one of this article, it may
not be used to increase benefits calculated under section
twenty-two of this article;
(16) "Member" means any person who has accumulated
contributions standing to his or her credit in the members' deposit
fund;(17) "Participating public employer" means the State of West
Virginia, any board, commission, department, institution or
spending unit, and includes any agency created by rule of the
Supreme Court of Appeals having full-time employees, which for the
purposes of this article is considered a department of state
government; and any political subdivision in the state which has
elected to cover its employees, as defined in this article, under
the West Virginia Public Employees Retirement System;(18) "Plan year" means the same as referenced in section
forty-two of this article;(19) "Political subdivision" means the State of West Virginia,
a county, city or town in the state; a school corporation or
corporate unit; any separate corporation or instrumentality
established by one or more counties, cities or towns, as permitted
by law; any corporation or instrumentality supported in most partby counties, cities or towns; and any public corporation charged by
law with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or
towns: Provided, That any mental health agency participating in
the Public Employees Retirement System before the first day of
July, one thousand nine hundred ninety-seven, is considered a
political subdivision solely for the purpose of permitting those
employees who are members of the Public Employees Retirement System
to remain members and continue to participate in the retirement
system at their option after the first day of July, one thousand
nine hundred ninety-seven: Provided, however, That the Regional
Community Policing Institute which participated in the Public
Employees Retirement System before the first day of July, two
thousand, is considered a political subdivision solely for the
purpose of permitting those employees who are members of the Public
Employees Retirement System to remain members and continue to
participate in the Public Employees Retirement System after the
first day of July, two thousand;(20) "Prior service" means service rendered prior to the first
day of July, one thousand nine hundred sixty-one, to the extent
credited a member as provided in this article;(21) "Regular interest" means the rate or rates of interest
per annum, compounded annually, as the board of trustees adopts
from time to time;(22) "Required beginning date" means the first day of April of the calendar year following the later of: (A) The calendar year in
which the member attains age seventy and one-half; or (B) the
calendar year in which the member ceases providing service covered
under this system to a participating employer;
(23) "Retirant" means any member who commences an annuity
payable by the retirement system;(24) "Retirement" means a member's withdrawal from the employ
of a participating public employer and the commencement of an
annuity by the retirement system;(25) "Retirement system" or "system" means the West Virginia
Public Employees Retirement System created and established by this
article;(26) "Retroactive service" means: (1) Service between the
first day of July, one thousand nine hundred sixty-one, and the
date an employer decides to become a participating member of the
Public Employees Retirement System; (2) service prior to the first
day of July, one thousand nine hundred sixty-one, for which the
employee is not entitled to prior service at no cost in accordance
with 162 CSR 5.13; and (3) service of any member of a legislative
body or employees of the State Legislature whose term of employment
is otherwise classified as temporary for which the employee is
eligible, but for which the employee did not elect to participate
at that time;(27) "Service" means personal service rendered to a
participating public employer by an employee of a participating public employer; and(28) "State" means the State of West Virginia.§5-10-15. Military service credit; qualified military service.
(a) (1) The Legislature recognizes the men and women of this
state who have served in the armed forces of the United States
during times of war, conflict and danger. It is the intent of this
section to confer military service credit upon persons who are
eligible at any time for public employees retirement benefits for
any time served in active duty in the armed forces of the United
States when the duty was during any period of compulsory military
service or during a period of armed conflict, as defined in this
section.
(2) In addition to any benefit provided by federal law, any
member of the retirement system who has previously served in or
enters the active service of the armed forces of the United States
during any period of compulsory military service or during a period
of armed conflict shall receive credited service for the time spent
in the armed forces of the United States, not to exceed five years
if the member:
(A) Has been honorably discharged from the armed forces; and
(B) Substantiates by appropriate documentation or evidence his
or her active military service and entry into military service
during any period of compulsory military service or during periods
of armed conflict.
(3) Any member of the retirement system who enters the active
service of the armed forces of the United States during any period
of compulsory military service or during a period of armed conflict
shall receive the credit provided by this section regardless of
whether he or she was a public employee at the time of entering the
military service.
(4) If a member of the Public Employees Retirement System
enters the active service of the United States and serves during
any period of compulsory military service or during any period of
armed conflict, during the period of the armed service and until
the member's return to the employ of a participating public
employer, the member's contributions to the retirement system is
suspended and any credit balance remaining in the member's deposit
fund shall be accumulated at regular interest.
(5) No member may receive duplicate credit for service for a
period of compulsory military service which falls under a period of
armed conflict.
(6) In any case of doubt as to the period of service to be
credited a member under the provisions of this section, the board
of trustees havehas final power to determine the period.
(7) The board is empowered tomay consider a petition by any
member whose tour of duty, in a territory that would reasonably be
considered hostile and dangerous, was extended beyond the period in
which an armed conflict was officially recognized, if that tour of
duty commenced during a period of armed conflict, and the member was assigned to duty stations within the hostile territory
throughout the period for which service credit is being sought.
The board has the authority tomay evaluate the facts and
circumstances peculiar to the petition, and rule on whether
granting service credit for the extended tour of duty is consistent
with the objectives of this article. In that determination, the
board is empowered tomay grant full credit for the period under
petition subject to the limitations otherwise applicable, or to
grant credit for any part of the period as the board considers
appropriate, or to deny credit altogether.
(8) The board of trustees may propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code to administer the provisions of
this section.
(b) For purposes of this section, the following definitions
apply:
(1) "Period of armed conflict" means the Spanish-American War,
the Mexican border period, World War I, World War II, the Korean
conflict, the Vietnam era, the Persian Gulf War and any other
period of armed conflict by the United States, including, but not
limited to, those periods sanctioned by a declaration of war by the
United States Congress or by executive or other order of the
President.
(2) "Spanish-American War" means the period beginning on the
twenty-first day of April, one thousand eight hundred ninety-eight, and ending on the fourth day of July, one thousand nine hundred
two, and includes the Philippine Insurrection, the Boxer Rebellion,
and in the case of a veteran who served with the United States
military forces engaged in hostilities in the Moro Province, means
the period beginning on the twenty-first day of April, one thousand
eight hundred ninety-eight, and ending on the fifteenth day of
July, one thousand nine hundred three.
(3) "The Mexican border period" means the period beginning on
the ninth day of May, one thousand nine hundred sixteen, and ending
on the fifth day of April, one thousand nine hundred seventeen, in
the case of a veteran who during the period served in Mexico, on
its borders or in the waters adjacent to it.
(4) "World War I" means the period beginning on the sixth day
of April, one thousand nine hundred seventeen, and ending on the
eleventh day of November, one thousand nine hundred eighteen, and
in the case of a veteran who served with the United States military
forces in Russia, means the period beginning on the sixth day of
April, one thousand nine hundred seventeen, and ending on the first
day of April, one thousand nine hundred twenty.
(5) "World War II" means the period beginning on the seventh
day of December, one thousand nine hundred forty-one, and ending on
the thirty-first day of December, one thousand nine hundred
forty-six.
(6) "Korean conflict" means the period beginning on the
twenty-seventh day of June, one thousand nine hundred fifty, and ending on the thirty-first day of January, one thousand nine
hundred fifty-five.
(7) "The Vietnam era" means the period beginning on the
twenty-eighth day of February, one thousand nine hundred sixty-one,
and ending on the seventh day of May, one thousand nine hundred
seventy-five, in the case of a veteran who served in the Republic
of Vietnam during that period; and the fifth day of August, one
thousand nine hundred sixty-four, and ending on the seventh day of
May, one thousand nine hundred seventy-five, in all other cases.
(8) "Persian Gulf War" means the period beginning on the
second day of August, one thousand nine hundred ninety, and ending
on the eleventh day of April, one thousand nine hundred ninety-one.
(c) Notwithstanding the preceding provisions of this section,
contributions, benefits and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this
section, "qualified military service" has the same meaning as in
Section 414(u) of the Internal Revenue Code. No military service
credit may be used in more than one retirement system administered
by the Consolidated Public Retirement Board. The retirement Board
is authorized toshall determine all questions and make all
decisions relating to this section and, pursuant to the authority
granted to the retirement Board in section one, article ten-d of
this chapter, may promulgate rules relating to contributions,
benefits and service credit to comply with Section 414(u) of the Internal Revenue Code.§5-10-17. Retirement system membership. (a) All employees, as defined in section two of this article,
who are in the employ of a political subdivision the day preceding
the date it becomes a participating public employer and who
continue in the employ of the participating public employer on and
after that date shall become members of the retirement system; and
all persons who become employees of a participating public employer
on or after that date shall thereupon become members of the system;
except as provided in subdivisions (b) and (c) of this section.
(b) The membership of the Public Employees Retirement System
shall not include any person who is aan active contributing member
of, or who has been retired by, any of the State Teachers
retirement systems, the Judges Retirement System, theany
Retirement System of the Division of Public SafetyWest Virginia
State Police, the Deputy Sheriff Retirement System or any municipal
retirement system for either, or both, policemenpolice or firemen
firefighters; and the Bureau of Employment Programs, by the
Commissioner of the Bureau, may elect whether its employees will
accept coverage under this article or be covered under the
authorization of a separate enactment: Provided, That the
exclusions of membership shall not apply to any member of the State
Legislature, the Clerk of the House of Delegates, the Clerk of the
State Senate or to any member of the legislative body of any
political subdivision provided he or she once becomes a contributing member of the retirement system: Provided, however,
That any retired member of the retirement system of the division of
public safetyState Police Death, Disability and Retirement Fund,
the West Virginia State Police Retirement System, the Deputy
Sheriff Retirement System and any retired member of any municipal
retirement system for either, or both, policemenpolice or firemen
firefighters may on and after the effective date of this section
become a member of the retirement system as provided in this
article, without receiving credit for prior service as a municipal
policemanpolice officer or firemanfirefighter or as a member of
the division of public safetyState Police Death, Disability and
Retirement Fund, the West Virginia State Police Retirement System
or of the Deputy Sheriff Retirement System: Provided further, That
the membership of the retirement system does not include any person
who becomes employed by the Prestera Center for Mental Health
Services, Valley Comprehensive Mental Health Center, Westbrook
Health Services or Eastern Panhandle Mental Health Center on or
after the first day of July, one thousand nine hundred
ninety-seven: And provided further, That membership of the
retirement system does not include any person who becomes a member
of the federal railroad retirement act on or after the first day of
July, two thousand.
(c) Any member of the State Legislature, the Clerk of the
House of Delegates, the Clerk of the State Senate and any employee
of the State Legislature whose employment is otherwise classified
as temporary and who is employed to perform services required by the Legislature for its regular sessions or during the interim
between regular sessions and who has been or is so employed during
regular sessions or during the interim between sessions in seven
consecutive calendar years, as certified by the clerk of the house
in which the employee served, or any member of the legislative body
of any other political subdivision shall become a member of the
retirement system provided he or she notifies the retirement system
in writing of his or her intention to be a member of the system and
files a membership enrollment form as prescribed by the board of
trustees, and each person, upon filing his or her written notice to
participate in the retirement system, shall by that act authorize
the Clerk of the House of Delegates or the Clerk of the State
Senate or suchany person or legislative agency as the legislative
body of any other political subdivision shall designatedesignates
to deduct the member's contribution, as provided in subsection (b),
section twenty-nine of this article, and after the deductions have
been made from the member's compensation, the deductions shall be
forwarded to the retirement system.
(d) If question arises regarding the membership status of any
employee, the board of trustees has the final power to decide the
question.
(e) Any individual who is a leased employee is not eligible to
participate in the system. For the purposes of this article, the
term "leased employee" means any individual who performs services
as an independent contractor or pursuant to an agreement with an employee leasing organization or other similar organization. If a
question arises regarding the status of an individual as a leased
employee, the board has final authority to decide the question.§5-10-21. Deferred retirement and early retirement.
(a) Any member who has five or more years of credited service
in force, of which at least three years are contributing service,
and who leaves the employ of a participating public employer prior
to his or her attaining age sixty years for any reason except his
or her disability retirement or death, shall beis entitled to an
annuity computed according to section twenty-two of this article,
as that section was in force as of the date of his or her
separation from the employ of a participating public employer:
Provided, That he or she does not withdraw his or her accumulated
contributions from the members' deposit fund: Provided, however,
That on and after the first day of July, two thousand two, any
person who becomes a new member of this retirement system shall, in
qualifying for retirement hereunderunder this section, have five
or more years of service, all of which years shall be actual,
contributory ones. His or her annuity shall begin the first day of
the calendar month next following the month in which his or her
application for samethe annuity is filed with the board of
trustees on or after his or her attaining age sixty-two years.
(b) Any member who qualifies for deferred retirement benefits
in accordance with subsection (a) of this section and has ten or
more years of credited service in force and who has attained age fifty-five as of the date of his or her separation, may, prior to
the effective date of his or her retirement, but not thereafter,
elect to receive the actuarial equivalent of his or her deferred
retirement annuity as a reduced annuity commencing on the first day
of any calendar month between his or her date of separation and his
or her attainment of age sixty-two years and payable throughout his
or her life.
(c) Any member who qualifies for deferred retirement benefits
in accordance with subsection (a) of this section and has twenty or
more years of credited service in force may elect to receive the
actuarial equivalent of his or her deferred retirement annuity as
a reduced annuity commencing on the first day of any calendar month
between his or her fifty-fifth birthday and his or her attainment
of age sixty-two years and payable throughout his or her life.
(d) Notwithstanding any of the other provisions of this
section or of this article, except sections twenty-seven-a and
twenty-seven-b of this article, and pursuant to rules promulgated
by the board, any member who has thirty or more years of credited
service in force, at least three of which are contributing service,
and who elects to take early retirement, which for the purposes of
this subsection means retirement prior to age sixty, whether an
active employee or a separated employee at the time of application,
shall beis entitled to the full computation of annuity according
to section twenty-two of this article, as that section was in force
as of the date of retirement application, but with the reduced
actuarial equivalent of the annuity the member would have received if his or her benefit had commenced at age sixty when he or she
would have been entitled to full computation of benefit without any
reduction.
(e) Notwithstanding any of the other provisions of this
section or of this article, except sections twenty-seven-a and
twenty-seven-b of this article, any member of the retirement system
may retire with full pension rights, without reduction of benefits,
if he or she is at least fifty-five years of age and the sum of his
or her age plus years of contributing service and limited credited
service, as defined in section two of this article, equals or
exceeds eighty. The member's annuity shall begin the first day of
the calendar month next following the month in which his or her
application for the annuity is filed with the Board.§5-10-22. Retirement annuity.(a) Upon a member's retirement, as provided in this article,
he or she shall receive a straight life annuity equal to one and
five-tenths percent of his or her final average salary multiplied
by the number of years, and fraction of a year, of his or her
credited service in force at the time of his or her retirement:
Provided, That the final average salary used in this calculation
may not include any lump sum payment for unused, accrued leave of
any kind or character. The credited service used for this
calculation may not include any period of limited credited service:
Provided, however, That after the first day of March one, one
thousand nine hundred seventy, all members retired and all members retiring shall receive a straight life annuity equal to two percent
of his or her final average salary multiplied by the number of
years, and fraction of a year, of his or her credited service,
exclusive of limited credited service in force at the time of his
or her retirement. In either event, upon his or her retirement he
or she has the right tomay elect an option provided for in section
twenty-four of this article. All annuity payments shall commence
effective the first day of the month following the month in which
a member retires or a member dies leaving a beneficiary entitled to
benefits and shall continue to the end of the month in which the
retirant or beneficiary dies, and the annuity payments may not be
prorated for any portion of a month in which a member retires or
retirant or beneficiary dies. Any member receiving an annuity
based in part upon limited credited service is not eligible for the
supplements provided for in sections twenty-two-a through
twenty-two-d, inclusive, of this article.(b) The annuity of any member of the Legislature who
participates in the retirement system as a member of the
Legislature and who retires under this article or of any former
member of the Legislature who has retired under this article
(including any former member of the Legislature who has retired
under this article and whose annuity was readjusted as of the first
day of March, one thousand nine hundred seventy, under the former
provisions of this section) shall be increased from time to time
during the period of his or her retirement when and if the
legislative compensation paid under section two, article two-a, chapter four of this code, to a member of the Legislature shall beis increased to the point where a higher annuity would be payable
to the retirant if he or she were retiring as of the effective date
of the latest increase in such legislative compensation, but on the
basis of his or her years of credited service to the date of his or
her actual retirement.§5-10-23. Terminal payment following retirement.For the purposes of this section, the term "accumulated net
benefit" means the aggregate amount of all benefits paid to or on
behalf of a member. This includes, without limitation: (a)
Benefits paid to the member as an annuity; (b) any lump sum
distributions paid to the member or to any other person on account
of the member's rights to benefits from the plan; (c) survivor
benefits paid to any person or persons on account of the member's
rights to benefits from the plan; and (d) any other distributions
on account of the member's rights to benefits from the plan whether
they are paid in the nature of a refund of contributions, interest
on contributions, lump sum distributions, or annuity type benefits.
The amounts counted will be the amounts actually paid without
regard to any optional form of any annuity benefit.For the purposes of this section, the term "accumulated
employee contributions" means all money the member has contributed
to the plan, whether the form of the contribution was after tax
deductions from wages, before tax deductions from wages, direct
remittance by the member to repay contributions and interest previously distributed and direct remittance by the member to pay
imputed contributions for periods which were not subject to
contributions but may be counted for benefit purposes under the
plan. The term accumulated employee contributions does not include
any amount credited under the provisions of the plan as interest on
member contributions.For the purposes of this section, the term "member's account"
means the excess of the accumulated employee contributions over the
accumulated net benefit payments at any point in time and the term
"member" includes retirant.(a) This section provides for the
payment of the balance in thea retired member's account in the
event that all claims to benefits payable to, or on behalf of, a
member expire before his or her member account has been fully
exhausted. The expiration of suchany rights to benefits would be
on the occasion of either the death of the retired member and any
and all beneficiaries who might have a claim to regular benefit
payments under the plan, for any form of benefit. Without
limitation, this would include the demise of beneficiaries of
survivor annuities and beneficiaries of any lump sum distributions
drawing benefits under a straight life annuity, or the death of a
survivor annuitant drawing benefits under any optional form of
benefit selected by the retired member, whichever occurs later.(b) In the event that all claims to benefitbenefits payable
to, or on behalf of, a retired member expire, and the accumulated
employee contributions exceed his or herthe accumulated net
benefit payments paid to or on behalf of the retired member, the balance in the retired member's account shall be paid to the person
or persons as the retired member has nominated by written
designation duly executed and filed with the board of trustees. If
there beis no designated person or persons surviving the retired
member following the expiration of claims, the excess of the
accumulated employee contributions over the accumulated net
benefit, if any, shall be paid to his or herthe retired member's
estate. In no case may the plan retain any amount of the
accumulated employee contributions remaining in the member's
account, but it shall retain interest earned on the same
accumulated employee contributions in the instance of a member's or
beneficiary's post-retirement death.Provided, That the provisions
of this section are retroactive to all members who entered
retirement status on or after the ninth day of June two thousand.

(a) At least once each year during the first five years
following the retirement of a member on account of disability, as
provided in section twenty-five hereofof this article, and at
least once in each three-year period thereafter, the Board of
trustees may, and upon the retirant's application,shall require a
disability retirant, who has not attained age sixty years, to
undergo a medical examination to be made by or under the direction
of a physician designated by the boardsubmit a statement signed by
the disability retirant's physician certifying continued disability
and a copy of the disability retirant's annual statement of earnings or other financial information as required by the board
from the previous tax year. ShouldIf the said retirant refuse
refuses to submit to such medical examination in any such period
the documentation, his or her disability annuity may be
discontinued by the Board until his withdrawal of such refusalthe
Board receives the documentation.Should suchIf the refusal
continuecontinues for one year, all histhe retirant's rights in
and to histhe annuity may be revoked by the board. If, upon such
medical examination of a disability retirant, the said physician
reports to the board that the retirant is physically able and
capable of resuming employment with a participating public
employer, hethe retirant shall be returned to the employ of the
participating public employer from whose employment he or she
retired and his or her disability annuity shall terminate:
Provided, That the report of the said physician is concurred in by
the boardthe Board concurs in the physician's report.
(b) A disability retirant who is returned to the employ of a
participating public employer shall again become a member of the
retirement system and histhe retirant's credited service in force
at the time of his or her retirement shall be restored. to his
credit.
(c) If a disability retirant, who has not attained age sixty
years, becomes engaged in a gainful occupation, business or
employment, and the sum of his earnings from such occupation,
business or employment, and his disability annuity exceeds his annual rate of compensation at the time of his retirement, his
disability annuity shall be reduced to an amount which when added
to the amount so earned by him shall equal his said annual rate of
compensation. If his earnings are later changed, his disability
annuity shall be correspondingly adjusted.If a review of the
disability retirant's annual statement of earnings or other
financial information as required by the Board determines that the
disability retirant's earned income for the preceding year exceeds
the substantial gainful activity amount as defined by the United
States Social Security Administration, the disability retirant's
annuity shall be terminated by the Board, upon recommendation of
the Board disability review committee, on the first day of the
month following the Board's action. Any person who wishes to
reapply for disability retirement and whose disability retirement
annuity has been terminated by the Board may do so within ninety
days of the effective date of termination by requesting an
examination at the applicant's expense by an appropriate medical
professional chosen by the Board.§5-10-27. Preretirement death annuities.(a) In the event any member who has ten or more years of
credited service or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: may at any time
prior to the effective date of his or her retirement, by written
declaration duly executed and filed with the board of trustees, in
the same manner as if he or she were then retiring from the employ of a participating public employer, elect option A provided for in
section twenty-four of this article and nominate a beneficiary whom
the board finds to have had an insurable interest in the life of
the member. Prior to the effective date of his or her retirement,
a member may revoke his or her election of option A and nomination
of beneficiary and he or she may again prior to his or her
retirement elect option A and nominate a beneficiary as provided in
this subsection. Upon the death of a member who has an option A
election in force, his or her beneficiary, if living, shall
immediately receive an annuity computed in the same manner in all
respects as if the same member had retired the day preceding the
date of his or her death, notwithstanding that he or she might not
have attained age sixty years, and elected the said option A. If
at the time of his or her retirement a member has an option A
election in force, his or her election of option A and nomination
of beneficiary shall thereafter continue in force.(1) Dies
without leaving a surviving spouse; but (2) leaves surviving him or
her a child who is financially dependent on the member by virtue of
a permanent mental or physical disability upon evidence
satisfactory to the Board; and (3) has named the disabled child as
sole beneficiary, the disabled child shall immediately receive an
annuity computed in the same manner in all respects as if the
member had: (1) Retired the day preceding the date of his or her
death, notwithstanding that he or she might not have attained age
sixty or sixty-two years, as the case may be; (2) elected option A
provided for in section twenty-four of this article; and (3) nominated his or her disabled child as beneficiary.As an
alternative to annuity option A, A member or former member with
ten or more years of credited service, who does not leave surviving
him or her a spouse or a disabled child, may elect to have the
preretirement death benefit paid as a return of accumulated
contributions in a lump sum amount to any beneficiary or
beneficiaries he or she chooses.
(b) In the event any member who has ten or more years of
credited service, or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: (1) Dies; and (2)
leaves a surviving spouse, the surviving spouse shall immediately
receive an annuity computed in the same manner in all respects as
if the said member had: (1) Retired the day preceding the date of
his or her death, notwithstanding that he or she might not have
attained age sixty or sixty-two years, as the case may be; (2)
elected option A provided for in section twenty-four of this
article; and (3) nominated his or her surviving spouse as
beneficiary. However, the surviving spouse shall have the right to
may waive the annuity provided for in this section: Provided, That
he or she executes a valid and notarized waiver on a form provided
by the retirement Board and that the member or former member
attests to the waiver. If the waiver is presented to and accepted
by the retirement Board, the member or former member, shallmay
nominate a beneficiary who has an insurable interest in the
member's or former member's lifeupon evidence satisfactory to the Board, a child who is financially dependent on the member by virtue
of a permanent mental or physical disability under annuity option
A. As an alternative to annuity option A, the member or former
member may elect to have the preretirement death benefit paid as a
return of accumulated contributions in a lump sum amount to any
beneficiary or beneficiaries he or she chooses in the event a
waiver, as provided for in this section, has been presented to and
accepted by the retirement Board.
(c) In the event any member who has ten or more years of
credited service or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: (1) Dies without
leaving surviving him or her a spouse; but (2) leaves surviving him
or her an infant child or children; and (3) does not have a
beneficiary nominated as provided in subsection (a) of this
section, the infant child or children shall beis entitled to an
annuity to be calculated as follows: The annuity reserve shall be
calculated as though the member had retired as of the date of his
or her decease and elected a straight life annuity and the amount
of the annuity reserve shall be paid in equal monthly installments
to saidthe member's infant child or children until the child or
children attain age twenty-one or sooner marry or become
emancipated; however, in no event shall any child or children
receive more than two hundred fifty dollars per month each. The
annuity payments shall be computed as of the date of the death of
the member and the amount of the annuity shall remain constant during the period of payment. The annual amount of the annuities
payable by this section shall not exceed sixty percent of the
deceased member's final average salary.
(d) In the event any member or former member does not have ten
or more years of credited service, no preretirement death annuity
may be authorized, owed or awarded under this section.§5-10-44. Correction of errors.ShouldIf any change or employer error in the records of any
participating public employer or the retirement system result
results in any person receiving from the system more or less than
he or she would have been entitled to receive had the records been
correct, the Board of trustees shall correct suchthe error, and as
far as is practicable shall adjust the payment of the benefit in
sucha manner that the actuarial equivalent of the benefit to which
suchthe person was correctly entitled shall beis paid. Any
employer error resulting in an underpayment to the retirement
system may be corrected by the employee remitting the required
employee contribution and the participating public employer
remitting the required employer contribution. Interest shall
accumulate in accordance with rules promulgate by the Board
concerning retirement board refund, reinstatement and loan interest
factors. Any accumulating interest owed on the employee and
employer contributions resulting from the employer error is the
responsibility of the participating public employer. The
participating public employer may remit total payment and the employee reimburse the participating public employer through
payroll deduction over a period equivalent to the time period
during which the employer error occurred. The employee's share
remitted by the employer may not exceed two thousand dollars. The
public employer shall submit proof that the employer error was not
willful, wanton or reckless.10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.

§5-10A-2. Definitions.

As used in this article:

(a) "Retirement plan" or "plan" means the Public Employees
Retirement Act, pursuant to article ten, chapter five of this code;
each municipal employees retirement plan, pursuant to article
twenty-two, chapter eight of this code; each policemen's and
firemen's pension and relief fund, pursuant to article twenty-two,
chapter eight of this code; the West Virginia State Police Death,
Disability and Retirement Fund of the department of public safety,
pursuant to article two, chapter fifteen of this code; the West
Virginia State Police Retirement System, pursuant to article two-a,
chapter fifteen of this code; the State Teachers Retirement System,
pursuant to article seven-a, chapter eighteen of this code; the
Teachers' Defined Contribution Retirement System, pursuant to
article seven-b, chapter eighteen of this code; the Deputy Sheriff
Retirement System, pursuant to article fourteen-d, chapter seven of
this code; supplemental and additional retirement plans, pursuant
to section four-a, article twenty-three, chapter eighteen of this code; the Judges' Retirement System, pursuant to article nine,
chapter fifty- one of this code; and any other plan established
pursuant to this code for the payment of pension, annuity,
disability or other benefits to any person by reason of his or her
service as an officer or employee of this state or of any political
subdivision, agency or instrumentality thereof, whenever suchthe
plan is supported, in whole or in part, by public funds.(b) "Beneficiary" means any person eligible for or receiving
benefits on account of the service for a public employer by a
participant in a retirement plan.
(c) "Benefits" means pension, annuity, disability or any other
benefits granted pursuant to a retirement plan.
(d) "Conviction" means a conviction on or after the effective
date of this article in any federal or state court of record
whether following a plea of guilty, not guilty or nolo contendere,
and whether or not the person convicted was serving as an officer
or employee of a public employer at the time of the conviction.
(e) "Less than honorable service" means:
(1) Impeachment and conviction of a participant under the
provisions of section nine, article four of the constitution of
West Virginia, except for a misdemeanor; or
(2) Conviction of a participant of a felony for conduct
related to his or her office or employment which he or she
committed while holding suchthe office or during such employment;
or
(3) Conduct of a participant which constitutes all of the
elements of a crime described in either of the foregoing
subdivisionsparagraphs (1) or (2) of this subdivision, but for
which the participant was not convicted because:
(i) Having been indicted or having been charged in an
information for suchthe crime, he or she made a plea bargaining
agreement pursuant to which he or she pleaded guilty to or nolo
contendere to a lesser crime; or
(ii) Having been indicted or having been charged in an
information for suchthe crime, he or she was granted immunity from
prosecution for the samecrime; or
(iii) Having been named as an unindicted coconspirator in an
indictment of another person for such a crime, which indictment
resulted in the conviction of suchthe other person, he or she was
not prosecuted for suchthe crime or conspiracy therefor.
(f) "Participant" means any person eligible for or receiving
any benefit under a retirement plan on account of his or her
service as an officer or employee for a public employer.
(g) "Public employer" means the State of West Virginia and any
political subdivision, agency, or instrumentality thereof for which
there is established a retirement plan.
(h) "Supervisory board" or "board" means the board of trustees
of the West Virginia Public Employees Retirement System
Consolidated Public Retirement Board; the board of trustees of any
municipal retirement fund; the board of trustees of any policemen's or firemen's retirement plan; the retirement board of the
Department of Public Safety; the state treasurer, state auditor and
one other member of the board of public works so designated by the
governor to sit on the supervisory board of the judges' retirement
plan (who shall for the purpose of this article constitute the
board); the designated members of the state teachers retirement
system established pursuant to section five, article seven-a,
chapter eighteen of this code; the governing board of any
supplemental retirement plan instituted pursuant to authority
granted by section four-a, article twenty-three, chapter eighteen
of this code, and any other board, commission or public body having

the duty to supervise and operate any retirement plan

§5-10A-3. Notice of intention to terminate benefits; waiver;

failure to reply.

(a) Whenever a supervisory board, upon receipt of a verified
complaint or otherwise, has reasonable cause to believe that a
participant rendered less than honorable service as defined in
section two of this article, it shall notify the affected
participant or beneficiary that it believes that the participant
rendered less than honorable service and that the participant or
beneficiary is thereby ineligible to receive benefits. No
supervisory board shall issue sucha notice:
(1) If more than one year hastwo years have elapsed since the
judgment of conviction upon which suchthe notice is based became
final; or
(2) In the cases described in paragraph (3), subdivision (e),
section two of this article, if more than oneyearhastwo years
have elapsed since, as the case may be: the plea bargaining
agreement, the grant of immunity, or, in the event the participant
was named as an unindicted coconspirator for a crime, the
conviction of another person for suchthe crime; or
(3) With respect to conduct which occurred prior to the
effective date of this article.
(b) The notice shall contain a concise statement of the
reasons why the Board believes that the participant rendered less
than honorable service and shall be made either by personal service
or by certified mail, return receipt requested, to the address
which the participant or beneficiary maintains for purposes of
corresponding with the Board. If notice is made by certified mail,
service shall be deemedbe considered complete upon mailing and a
completed receipt shall constitute proof of the receipt thereofof
the notice. The notice shall inform the participant or beneficiary
that he or she has the right to demand that the Board seek a
determination in circuit court of his or her eligibility for
benefits and membership in the retirement plan by notifying the
Board of suchthe demand within forty days. The notice shall also
inform the participant or beneficiary that the Board will terminate
the benefits in accordance with section four of this article and
refund the participant's contributions with interest less benefits
previously paid as provided in section six thereofof this article
if the participant or beneficiary either waives the right to demand that the Board take the matter before the circuit court or fails to
respond to the Board's notice within forty days after service.

§5-10A-11. Notification from prosecuting attorneys.

The prosecuting attorneys of the counties of this state shall,
within sixty days of a conviction or a plea agreement meeting the
definition of less than honorable service, report the conviction or
plea agreement to the executive director including with the report
the indictment, plea agreement and any order finding the defendant
guilty.

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.§7-14D-23. Loans to members.
(a) A member who is not yet receiving disability or retirement
income benefits from the plan may borrow from the plan no more than
one time in any year an amount up to one half of his or her
accumulated contributions, but not less than five hundred dollars
nor more than eight thousand dollars: Provided, That the maximum
amount of any loan shall not exceed the lesser of the following:
(1) Eight thousand dollars; or (2) fifty percent of his or her
accumulated contributions. No member is eligible for more than one
outstanding loan at any time. No loan may be made from the plan if
the board determines that the loans constitute more than fifteen
percent of the amortized cost value of the assets of the plan as of
the last day of the preceding plan year. The Board may discontinue
the loans any time it determines that cash flow problems might develop as a result of the loans. Each loan shall be repaid
through monthly installments over periods of six through sixty
months and carry interest on the unpaid balance and an annual
effective interest rate that is two hundred basis points higher
than the most recent rate of interest used by the Board for
determining actuarial contributions levels: Provided, however,
That interest charged shall be commercially reasonable in
accordance with the provisions of Section 72(p)(2) of the Internal
Revenue Code and federal regulations issued thereunderunder that
Code. Monthly loan payments shall be calculated to be as nearly
equal as possible with all but the final payment being an equal
amount. An eligible member may make additional loan payments or
pay off the entire loan balance at any time without incurring any
interest penalty. At the member's option, the monthly loan payment
may include a level premium sufficient to provide declining term
insurance with the plan as beneficiary to repay the loan in full
upon the member's death. If a member declines the insurance and
dies before the loan is repaid, the unpaid balance of the loan
shall be deducted from the lump sum insurance benefits payable
under section twenty-one of this article.
(b) A member with an unpaid loan balance who wishes to retire
may have the loan repaid in full by accepting retirement income
payments reduced by deducting from the actuarial reserve for the
accrued benefit the amount of the unpaid balance and then
converting the remaining of the reserve to a monthly pension
payable in the form of the annuity desired by the member.
(c) The entire unpaid balance of any loan, and interest due
thereonon the loan, shall at the option of the Retirement Board
become due and payable without further notice or demand upon the
occurrence with respect to the borrowing member of any of the
following events of default: (1) Any payment of principal and
accrued interest on a loan remains unpaid after the same becomeit
becomes due and payable under the terms of the loan or after such
the grace period as may be established in the discretion of the
Retirement Board; (2) the borrowing member attempts to make an
assignment for the benefit of creditors of his or her benefit under
the retirement system; or (3) any other event of default set forth
in rules promulgated by the Board pursuant to the authority granted
in section one, article ten-d, chapter five of this code:
Provided, That any offset of an unpaid loan balance shall be made
only at suchthe time as the member is entitled to receive a
distribution under the plan.
(d) Loans shall be evidenced by suchthe form of obligations
and shall be made upon suchany additional terms as to default,
prepayment, security, and otherwise as the Retirement Board may
determine.
(e) Notwithstanding anything hereinin this section to the
contrary, the loan program authorized by this section shall comply
with the provisions of Section 72(p)(2) and Section 401 of the
Internal Revenue Code and the federal regulations issued thereunder
under that Code. The Retirement Board is authorized tomay: (a)
Apply and construe the provisions of this section and administer the plan loan program in such a manner as to complythat complies
with the provisions of Sections 72(p)(2) and Section 401 of the
Internal Revenue Code; (b) adopt plan loan policies or procedures
consistent with these federal law provisions; and (c) take suchany
actions as it deemsconsiders necessary or appropriate to
administer the plan loan program created hereunderin this section
in accordance with these federal law provisions. The Retirement
Board is further authorized in connection with the plan loan
program to take any actions that may at any time be required by the
Internal Revenue Service regarding compliance with the requirements
of Section 72(p)(2) or Section 401 of the Internal Revenue Code,
notwithstanding any provision in this article to the contrary.(f) Notwithstanding anything in this article to the contrary,
the loan program authorized by this section shall not be available
to any deputy sheriff who becomes a member of the Deputy Sheriff
Retirement System on or after the first day of July, two thousand
five.

CHAPTER 15. PUBLIC SAFETY.ARTICLE 2. WEST VIRGINIA STATE POLICE.§15-2-25b. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(a) "Board" or "Retirement Board" means the Consolidated
Public Retirement Board created pursuant to article ten-d, chapter
five of this code.
(b) "Department" means the West Virginia State Police.
(c) "Fund," "plan," or "system," means the West Virginia
Death, Disability and Retirement Fund.
(d) "Law-enforcement officer" means an individual employed or
otherwise engaged in either a public or private position which
involves the rendition of services relating to enforcement of
federal, state or local laws for the protection of public or
private safety, including, but not limited to, positions as deputy
sheriffs, police officers, marshals, bailiffs, court security
officers or any other law-enforcement position which requires
certification, but excluding positions held by elected sheriffs or
appointed chiefs of police whose duties are determined by the Board
to be purely administrative in nature.
(e) "Member" means an employee of the West Virginia State
Police who is an active participant in the Fund.
(f) "Partially disabled" means a member's inability, on a
probable permanent basis, to perform the essential duties of a
law-enforcement officer by reason of any medically determinable
physical or mental impairment which has lasted or can be expected
to last for a continuous period of not less than twelve months, but
which does not preclude the member from engaging in other types of
nonlaw-enforcement employment.
(g) "Physical or mental impairment" means an impairment that
results from an anatomical, physiological or psychological
abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques.
(h) "Totally disabled" means a member's probable permanent
inability to engage in substantial gainful activity by reason of
any medically determined physical or mental impairment that can be
expected to result in death or that has lasted or can be expected
to last for a continuous period of not less than twelve months.
For purposes of this subsection, a member is totally disabled only
if his or her physical or mental impairments are so severe that he
or she is not only unable to perform his or her previous work as a
member of the State Police but also cannot, considering his or her
age, education and work experience, engage in any other kind of
substantial gainful employment which exists in the state regardless
of whether: (1) The work exists in the immediate area in which the
member lives; (2) a specific job vacancy exists; or (3) the member
would be hired if he or she applied for work.

§15-2-26. Continuation of Death, Disability and Retirement Fund;
designating the Consolidated Public Retirement Board
as Administrator of Fund.

(a) There shall beis continued the Death, Disability and
Retirement Fund heretofore created for the benefit of members of
the division of public safetyState Police and any dependent of a
retired or deceased member thereofof the State Police.
(b) There shall be deducted from the monthly payroll of each
member of the division of public safetyState Police and paid into
suchthe Fund six percent of the amount of his or her salary: Provided, That beginning on the first day of July, one thousand
nine hundred ninety-four, there shall be deducted from the monthly
payroll of each member and paid into the Fund seven and one-half
percent of the amount of his or her salary: Provided, however,
That on and after the first day of July, one thousand nine hundred
ninety-five, there shall be deducted from the monthly payroll of
each member and paid into the Fund nine percent of the amount of
his or herthe member's salary. An additional twelvefifteen
percent of the monthly salary of each member of the divisionState
Police shall be paid by the State of West Virginia monthly into
suchthe Fund out of the annual appropriation for the division
State Police:Provided further, That beginning on the first day of
July, one thousand nine hundred ninety-five, the state shall pay
thirteen percent of the monthly salary of each member into the
Fund: And provided further, That beginning on the first day of
July, one thousand nine hundred ninety-six, the state shall pay
fourteen percent of the monthly salary of each member into the
Fund: And provided further, That on and after the first day of
July, one thousand nine hundred ninety-seven, the state shall pay
fifteen percent of the monthly salary of each member into the
Retirement Fund. There shall also be paid into the Fund amounts
that have previously been collected by the Superintendent of the
division of public safetyState Police on account of payments to
members for court attendance and mileage, rewards for apprehending
wanted persons, fees for traffic accident reports and photographs,
fees for criminal investigation reports and photographs, fees for criminal history record checks, fees for criminal history record
reviews and challenges or from any other sources designated by the
Superintendent. All moneys payable into the Fund shall be
deposited in the State Treasury and the Treasurer and Auditor shall
keep a separate account thereofof the moneys on their respective
books.
(c) Notwithstanding any other provisions of this article,
forfeitures under the Fund shallmay not be applied to increase the
benefits any member would otherwise receive under the Fund.
(d) The moneys in this Fund, and the right of a member to a
retirement allowance, to the return of contributions, or to any
benefit under the provisions of this article, are hereby exempt
from any state or municipal tax; shallmay not be subject to
execution, garnishment, attachment or any other process whatsoever,
with the exception that the benefits or contributions under the
Fund shall beare subject to "qualified domestic relations orders"
as that term is defined in Section 414(p) of the Internal Revenue
Code with respect to governmental plans; and shall beare
unassignable except as is provided in this article. The State
Police Death, Disability and Retirement Fund shall be administered
by the Consolidated Public Retirement Board created pursuant to
article ten-d, chapter five of this code.
(e) All moneys paid into and accumulated in the Death,
Disability and Retirement Fund, except suchthose amounts as shall
bethat are designated or set aside by the awards, shall be invested by the State Board of Investments as provided by law.§15-2-27. Retirement; awards and benefits; leased employees.
(a) The retirement Board shall retire any member of the
division of public safetyState Police when the member has both
attained the age of fifty-five years and completed twenty-five
years of service as a member of the divisionState Police,
including military service credit granted under the provisions of
section twenty-eight of this article.
(b) The retirement Board shall retire any member of the
division of public safetyState Police who has lodged with the
secretaryExecutive Director of the Consolidated Public Retirement
Board his or her voluntary petition in writing for retirement, and:
(1) Has or shall have completed twenty-five years of service
as a member of the divisionState Police (including military
service credit granted under the provisions of section twenty-eight
of this article); or
(2) Has or shall have attained the age of fifty years and has
or shall have completed twenty years of service as a member of the
divisionState Police (excluding military service credit granted
under section twenty-eight of this article). or(3) Being under the age of fifty years has or shall have
completed twenty years of service as a member of the division
department (excluding military service credit granted under section
twenty-eight of this article.)
(c) When the retirement Board retires any member under any of
the provisions of this section, the Board shall, by order in
writing, make an award directing that the member shall beis
entitled to receive annually and that there shall be paid to the
member from the Death, Disability and Retirement Fund in equal
monthly installments during the lifetime of the member while in
status of retirement one or the other of two amounts, whichever is
the greater:
(1) An amount equal to five and one-half percent of the
aggregate of salary paid to the member during the whole period of
service as a member of the division of public safetyState Police;
or
(2) The sum of six thousand dollars.
When a member has or shall have served twenty years or longer
but less than twenty-five years as a member of the divisionState
Police and shall beis retired under any of the provisions of this
section before he or she shall have attainedattains the age of
fifty years, payment of monthly installments of the amount of
retirement award to suchthe member shall commence on the date he
or she attains the age of fifty years. Beginning on the fifteenth
day of July, one thousand nine hundred ninety-four, inIn no event
may the provisions of section thirteen, article sixteen, chapter
five of this code be applied in determining eligibility to retire
with either immediate or deferred commencement of benefit.
(d) Any individual who is a leased employee shall not beis not eligible to participate in the Fund. For purposes of this Fund,
a "leased employee" means any individual who performs services as
an independent contractor or pursuant to an agreement with an
employee leasing organization or other similar organization. If a
question arises regarding the status of an individual as a leased
employee, the Board has final power to decide the question.§15-2-27a. Retirement annual annuity adjustments.(a) Every member of the division of public safetyState Police
who is fifty-five years of age or older and who is retired by the
retirement Board under the provisions of section twenty-seven of
this article; every member of the division of public safetyState
Police who is retired by the retirement Board under the provisions
of section twenty-nine or thirty of this article; and every
surviving spouse or other beneficiary receiving a benefit pursuant
to section thirty-three or thirty-four of this article, is eligible
to receive an annual retirement annuity adjustment equal to three
and seventy-five hundredths percent of his or her retirement award
or surviving spouse award: Provided, That for any person retiring
on and after the fifteenth day of September, one thousand nine
hundred ninety-four, the annual retirement annuity adjustment shall
be equal to two percent of his or her retirement award or award
paid to a surviving spouse or other beneficiary. SuchThe
adjustments may not be retroactive. Yearly adjustments shall begin
upon the first day of July of each year. The annuity adjustments
shall be awarded and paid to the members from the Death, Disability
and Retirement Fund in equal monthly installments while the member is in status of retirement. The annuity adjustments shall
supplement the retirement awards and benefits as provided in this
article.(b) Any member or beneficiary who receives a benefit pursuant
to the provisions of section twenty-nine, thirty, thirty-three or
thirty-four of this article shall begin to receive the annual
annuity adjustment one year after the commencement of the benefit
on the next July first: Provided, That if the member has been
retired for less than one year when the first annuity adjustment is
given on that July first, that first annuity adjustment will be a
pro rata share of the full year's annuity adjustment.

§15-2-28. Credit toward retirement for member's prior military
service; credit toward retirement when member has
joined armed forces in time of armed conflict;
qualified military service

.
(a) For purposes of this section, the term "active military
duty" means full-time active duty with the armed forces of the
United States, namely, the United States Air Force, Army, Coast
Guard, Marines or Navy; and service with the National Guard or
reserve military forces of any of suchthe armed forces when the
member has been called to active full-time duty and has received no
compensation during the period of such duty from any person other
than the armed forces.
(b) Any member of the departmentState Police who has
previously served on active military duty shall beis entitled to and receive credit on the minimum period of service required by law
for retirement pay from the service of the department of public
safetyState Police service under the provisions of this article
for a period equal to the active military duty not to exceed five
years, subject to the following:
(1) That he or she has been honorably discharged from the
armed forces;
(2) That he or she substantiates by appropriate documentation
or evidence his or her period of active military duty;
(3) That he or she is receiving no benefits from any other
retirement system for his or her active military duty; and
(4) That, except with respect to disability retirement pay
awarded under section thirty of this article, he or she has
actually served with the departmentState Police for twenty years
exclusive of his or her active military duty.
(c) The amount of retirement pay to which any suchthe member
is entitled shall be calculated and determined as if he or she had
been receiving for the period of his or her active military duty a
monthly salary from the departmentState Police equal to the
average monthly salary which he or she actually received from the
department for his or her total service with the departmentState
Police exclusive of the active military duty. The Superintendent
is authorized tomay transfer and pay into the Death, Disability
and Retirement Fund from moneys appropriated for the department
State Police a sum equal to eighteen percent of the aggregate of the salaries on which the retirement pay of all such members has
been calculated and determined for their periods of active military
duty. In addition, any person who while a member of the department
State Police was commissioned, enlisted or inducted into the armed
forces of the United States or, being a member of the reserve
officers' corps, was called to active duty in saidthe armed forces
between the first day of September, one thousand nine hundred
forty, and the close of hostilities in World War II, or between the
twenty-seventh day of June, one thousand nine hundred fifty, and
the close of the armed conflict in Korea on the twenty-seventh day
of July, one thousand nine hundred fifty-three, between the first
day of August, one thousand nine hundred sixty-four and the close
of the armed conflict in Vietnam, or during any other period of
armed conflict by the United States whether sanctioned by a
declaration of war by the Congress or by executive or other order
of the President, shall be entitled to and receive credit on the
minimum period of service required by law for retirement pay from
the service of the department of public safetyin the State Police
for a period equal to the full time he or she, has or shall,
pursuant to such commission, enlistment, induction or call, have
served with saidthe armed forces subject to the following:
(1) That he or she has been honorably discharged from the
armed forces;
(2) That within ninety days after honorable discharge from the
armed forces he or she has presented himself or herself to the
Superintendent and offered to resume service as an active member of the departmentState Police; and
(3) That he or she has made no voluntary act, whether by
reenlistment, waiver of discharge, acceptance of commission or
otherwise, to extend or participate in extension of the period of
service with the armed forces beyond the period of service for
which he or she was originally commissioned, enlisted, inducted or
called.
(d) That amount of retirement pay to which any suchthe member
shall beis entitled shall be calculated and determined as if the
member has continued in the active service of the departmentState
Police at the rank or grade to him or her appertaining at the time
of suchthe commission, induction, enlistment or call, during a
period coextensive with the time the member served with the armed
forces pursuant to the commission, induction, enlistment or call.
The Superintendent of the departmentState Policeis authorized to
may transfer and pay each month into the Death, Disability and
Retirement Fund from moneys appropriated for the departmentState
Police a sum equal to eighteen percent of the aggregate of salary
which all suchthe members would have been entitled to receive had
they continued in the active service of the departmentState Police
during a period coextensive with the time suchthe members served
with the armed forces pursuant to the commission, induction,
enlistment or call: Provided, That the total amount of military
service credit allowable under this section shallmay not exceed
five years.
(e) Notwithstanding any of the preceding provisions of this
section, contributions, benefits and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this
section, "qualified military service" has the same meaning as in
Section 414(u) of the Internal Revenue Code. The retirement Board
is authorized to determine all questions and make all decisions
relating to this section and, pursuant to the authority granted to
the retirement Board in section one, article ten-d, chapter five of
this code, may promulgate rules relating to contributions, benefits
and service credit to comply with Section 414(u) of the Internal
Revenue Code.

§15-2-29. Awards and benefits for disability -- Incurred in
performance of duty.

(a) Any member of the divisionState Police who has not yet
entered retirement status on the basis of age and service and who
becomes partiallybeen or shall become physically or mentally
permanently disabled by injury, illness or disease resulting from
any occupational risk or hazard inherent in or peculiar to the
services required of members of the divisionState Police and
incurred pursuant to or while suchthe member was or shall be
engaged in the performance of his or her duties as a member of the
divisionState Police shall, if, in the opinion of the Retirement
Board, he or she is by reason of such causethe injury, illness or
disease probably permanently unable to perform adequately the
duties required of him or her as a member of the divisionState Police, but is able to engage in any other gainful employment in a
field other than law enforcement, be retired from active service by
the Retirement Board. The member thereafter shall beis entitled
to receive annually and there shall be paid to suchthe member from
the Death, Disability and Retirement Fund in equal monthly
installments during the lifetime of suchthe member; or until the
member attains the age of fifty; or until suchthe disability shall
sooner terminateterminates, one or the other of two amounts,
whichever is greater:
(1) An amount equal to two thirds of the salary received in
the preceding twelve-month employment period: Provided, That if
the member had not been employed with the divisionState Police for
twelve months prior to the disability, the amount of monthly salary
shall be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.
(b) Upon attaining age fifty, the member shall receive the
benefit provided for in subsection (c), section twenty-seven of
this article as it would apply to his or her aggregate career
earnings from the divisionState Police through the day immediately
preceding his or her disability. The recalculation of benefit upon
a member attaining age fifty shall be deemedis considered to be a
retirement under the provisions of section twenty-seven of this
article, for purposes of determining the amount of annual annuity
adjustment and for all other purposes of this article: Provided,
That a member who is partially disabled under this article may not, while in receipt of benefits for partial disability, be employed as
a law-enforcement officer: Provided, however, That a member
retired on partial disability under this article may serve as an
elected sheriff or appointed chief of police in the state without
a loss of disability retirement benefits so long as the elected or
appointed position is shown, to the satisfaction of the Board, to
require the performance of administrative duties and functions
only, as opposed to the full range of duties of a law-enforcement
officer.(c) If any member not yet in retirement status on the basis of
age and service is found by the Board to be permanently and totally
disabled as the result of a physical or mental impairmentshall
become permanently physically or mentally disabled by injury,
illness or disease resulting from any occupational risk or hazard
inherent in or peculiar to the services required of members of the
divisionState Police and incurred pursuant to or while suchthe
member was or shall be engaged in the performance of his or her
duties as a member of the divisionState Police,to the extent that
such member is or shall be incapacitated ever to engage in any
gainful employmentsuchthe member shall beis entitled to receive
annually and there shall be paid to suchthe member from the Death,
Disability and Retirement Fund in equal monthly installments during
the lifetime of suchthe member or until suchthe disability shall
sooner terminateterminates, an amount equal to the amount of the
salary received by the member in the preceding twelve-month
employment period: Provided, That in no event may suchthe amount be less than fifteen thousand dollars per annum, unless required by
section forty of this article: Provided, however, That if the
member had not been employed with the divisionState Police for
twelve months prior to the disability, the amount of monthly salary
shall be annualized for the purpose of determining the benefit.(c)(d) The Superintendent is authorized tomay expend moneys
from Funds appropriated for the divisionState Police in payment of
medical, surgical, laboratory, X ray, hospital, ambulance and
dental expenses and fees, and reasonable costs and expenses
incurred in the purchase of artificial limbs and other approved
appliances which may be reasonably necessary for any member of the
divisionState Police who has or shall becomebecomes temporarily,
permanently or totally disabled by injury, illness or disease
resulting from any occupational risk or hazard inherent in or
peculiar to the service required of members of the divisionState
Police and incurred pursuant to or while suchthe member was or
shall beis engaged in the performance of duties as a member of the
divisionState Police. Whenever the Superintendent shall determine
determines that any disabled member is ineligible to receive any of
the aforesaid benefits in this section at public expense, the
Superintendent shall, at the request of suchthe disabled member,
refer suchthe matter to the Consolidated Public Retirement Board
for hearing and final decision.(d)(e) For the purposes of this section, the term "salary"
does not include any compensation paid for overtime service.
§15-2-30. Same -- Due to other causes.
If any member while in active service of the divisionState
Police has, or shall in the opinion of the retirement Board, become
permanently partially or totally disabled to the extent that such
the member cannot adequately perform the duties required of a
member of the divisionState Police from any cause other than those
set forth in the preceding section and not due to vicious habits,
intemperance or willful misconduct on his or her part, suchthe
member shall be retired by the retirement Board. SuchThe member
shall beis entitled to receive annually and there shall be paid to
suchthe member while in status of retirement, from the Death,
Disability and Retirement Fund in equal monthly installments during
the lifetime of suchthe member or until suchthe disability shall
sooner terminateterminates, a sum equal to one-half the salary
received in the preceding twelve-month period: Provided, That if
the member had not been employed with the divisionState Police for
twelve months prior to the disability, the amount of monthly salary
shall be annualized for the purpose of determining the benefit. If
suchthe member, at the time of suchthe retirement under the terms
of this section, shall havehas served twenty years or longer as a
member of the divisionState Police,suchthe member shall beis
entitled to receive annually and there shall be paid to suchthe
member from the Death, Disability and Retirement Fund in equal
monthly installments, commencing on the date suchthe member shall
beis retired and continuing during the lifetime of suchthe
member, until the member attains the age of fifty, while in status of retirement, an amount equal to one-half the salary received by
the member in the preceding twelve-month period: Provided,
however, That if the member had not been employed with the division
State Police for twelve months prior to the disability, the amount
of monthly salary shall be annualized for the purpose of
determining the benefit.
For the purposes of this section, the term "salary" does not
include any compensation paid for overtime service.
Upon attaining age fifty, the member shall receive the benefit
provided for in subsection (c), section twenty-seven of this
article as it would apply to his or her aggregate career earnings
from the divisionState Police through the day immediately
preceding his or her disability. The recalculation of benefit upon
a member attaining age fifty shall be deemedis considered to be a
retirement under the provisions of section twenty-seven of this
article, for purposes of determining the amount of annual annuity
adjustment and for all other purposes of this article.
§15-2-31. Same - Physical examinations; termination.
The Consolidated Public Retirement Board may require any
member who has been or who shall be retired with compensation on
account of disability to submit to a physical and/or mental
examination by a physician or physicians selected or approved by
the Board and cause all costs incident to suchthe examination
including hospital, laboratory, X ray, medical and physicians' fees
to be paid out of funds appropriated to defray the current expense of the divisionState Police, and a report of the findings of such
the physician or physicians shall be submitted in writing to the
Consolidated Public Retirement Board for its consideration. If
from suchthe report or from suchthe report and hearing thereon
the retirement Board shall be of opinion and findfinds that such
the disabled member shall haveis recovered from suchthe
disability to the extent that he or she is able to perform
adequately the duties of a law-enforcement officer,a member of the
division the Board shall order such member to reassume active duty
as a member of the division and thereuponthat all payments from
the Death, Disability and Retirement Fund shall be terminated. If
from the report or the report and hearing thereon, the Board shall
be of the opinion and findfinds that the disabled member shall
havehas recovered from thehis or her previously determined
probable permanent disability to the extent that he or she is able
to engage in any gainful employment but remains unable to
adequately perform the duties of a law-enforcement officer,
required as a member of the division the Board shall order the
payment, in monthly installments of an amount equal to two thirds
of the salary, in the case of a member retired under the provisions
of section twenty-nine of this article, or equal to one half of the
salary, in the case of a member retired under the provisions of
section thirty of this article, excluding any compensation paid for
overtime service, for the twelve-month employment period preceding
the disability: Provided, That if the member hadwas not been
employed with the divisionState Police for twelve months prior to the disability, the amount of monthly salary shall be annualized
for the purpose of determining the benefit.§15-2-31a. Application for disability benefit; determinations.(a) Application for a disability benefit may be made by a
member or, if the member is under an incapacity, by a person acting
with legal authority on the member's behalf. After receiving an
application for a disability benefit from a member or a person
acting with legal authority on behalf of the member, the Board
shall notify the Superintendent of the State Police that an
application has been filed: Provided, That when, in the judgment
of the Superintendent, a member is no longer physically or mentally
fit for continued duty as a member of the West Virginia State
Police and the member has failed or refused to make application for
disability benefits under this article, the Superintendent may
petition the Board to retire the member on the basis of disability
pursuant to rules which may be established by the Board. Within
thirty days of the Superintendent's receipt of the notice from the
Board or the filing of the Superintendent's petition with the
Board, the Superintendent shall forward to the Board a statement
certifying the duties of the member's employment, information
relating to the Superintendent's position on the work relatedness
of the member's alleged disability, complete copies of the member's
medical file and any other information requested by the Board for
processing of the application.
(b) The Board shall adopt rules relating to the processing of applications and petitions for disability retirement under this
article.
(c) The Board shall notify a member and the Superintendent of
its final action on the disability application or petition within
ten days of the Board's final action. The notice shall be sent by
certified mail, return receipt requested. If either the member or
the Superintendent is aggrieved by the decision of the Board and
intends to pursue judicial review of the Board's decision as
provided in section four, article five, chapter twenty-nine-a of
this code, the aggrieved party shall notify the Board within twenty
days of the member's or Superintendent's receipt of the Board's
notice that he or she intends to pursue judicial review of the
Board's decision. The Board retains the discretion to not commence
payment of a disability retirement under the provisions of this
article if either the member or the Superintendent of the West
Virginia State Police has notified the Board of an intent to pursue
judicial review, until the statutory time limit has expired for the
filing of actions seeking judicial review, or until final judgment
in any action seeking judicial review under section four, article
five, chapter twenty-nine-a of this code, whichever is later.
(d) The Board may require a disability benefit recipient to
file an annual statement of earnings and any other information
required in rules which may be adopted by the Board. The Board may
waive the requirement that a disability benefit recipient file the
annual statement of earnings if the Board's physician certifies
that the recipient's disability is ongoing. The Board shall annually examine the information submitted by the recipient. If a
disability recipient refuses to file the statement or information,
the Board shall suspend the disability benefit until the statement
and information are filed. If the refusal continues for one year,
the Board shall terminate the recipient's right to the disability
benefit retroactive to the original suspension.

Not later than the first day of January, two thousand six,
and annually thereafter, the Board shall prepare a report for the
preceding fiscal year of the disability retirement experience of
the State Police. The report shall specify the total number of
disability applications submitted, the status of each application
as of the last day of the fiscal year, total applications granted
or denied, and the percentage of disability benefit recipients to
the total number of State Police employees who are members of the
Fund. The Board shall submit the copies of the report to the
Governor, the legislative librarian and the chairpersons of the
standing committees of the Senate and House of Delegates with
primary responsibility for retirement legislation.

§15-2-32. Retired member not to exercise police authority;
retention of group insurance

.
A member who has been or shall be retired shall not, while in
retirement status may not exercise any of the powers conferred upon
active members by section twelve of this article; but shall beis entitled to receive free of cost to suchthe member and retain as
his or her separate property one complete standard uniform
prescribed by section nine of this article: Provided, That such
the uniform may be worn by a member in retirement status only on
such occasions as shall be prescribed by the Superintendent. The
Superintendent is authorized tomay maintain at public expense for
the benefit of all members in retirement status that group life
insurance mentioned in section ten of this article. The
superintendent when he shall be of opinion that the public safety
shall require,When the Superintendent believes it is necessary for
public safety, he or she may recall to active duty during suchany
period asdetermined by the Superintendent shall determine, any
member who shall beis retired under the provisions of section
twenty-seven of this article, provided the consent of suchthe
member to reassume duties of active membership shall first be had
andis first obtained. When any member in retirement shall
reassumereassumes status of active membership suchthe member,
during the period suchthe member shall remainremains in active
status, shall not beis not entitled to receive retirement pay or
benefits but in lieu thereof shall beis entitled to receive that
rate of salary and allowance pertinent to the rank or grade held by
suchthe member when retired. When suchthe member shall beis
released from active duty he or she shall reassume the status of
retirement and shall thereupon be entitled to receive appropriate
benefits as provided by this article: Provided, however, That the
amount of suchthe benefits shall in no event bemay be no less than the amount determined by the order of the retirement Board
previously made in his or her behalf.

§15-2-33. Awards and benefits to dependents of member -- When
member dies in performance of duty, etc.; dependent
child scholarship and amount

.(a) The surviving spouse or the dependent child or children or
dependent parent or parents of any member who has lost or shall
loseloses his or her life by reason of injury, illness or disease
resulting from an occupational risk or hazard inherent in or
peculiar to the service required of members while suchthe member
was or shall be engaged in the performance of his or her duties as
a member of the divisionState Police, or if saidthe member shall
diedies from any cause after having been retired pursuant to the
provisions of section twenty-nine of this article, the surviving
spouse or other dependent shall beis entitled to receive and shall
be paid from the Death, Disability and Retirement Fund benefits as
follows: To the surviving spouse annually, in equal monthly
installments during his or her lifetime, one or the other of two
amounts, which shall become immediately available and which shall
be the greater of:
(1) An amount equal to seven tenths of the salary received in
the preceding twelve-month employment period by the deceased
member: Provided, That if the member had not been employed with
the divisionState Police for twelve months prior to the
disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.(b) In addition thereto suchthe surviving spouse shall beis
entitled to receive and there shall be paid to such person one
hundred dollars monthly for each dependent child. or children. If
suchthe surviving spouse dies or if there is no surviving spouse,
there shall be paid monthly to each such dependent child or
children from the Death, Disability and Retirement Fund a sum equal
to twenty-five percent of thea surviving spouse's entitlement. If
there are no surviving spouse and no dependent child or children,
there shall be paid annually in equal monthly installments from the
Death, Disability and Retirement Fund to the dependent parents of
the deceased member during their joint lifetimes a sum equal to the
amount which a surviving spouse, without children, would have
received: Provided, That when there is but one dependent parent
surviving, that parent is entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive.(c) Any person qualified as a surviving dependent child under
this section shallis, in addition to any other benefits due under
this or other sections of this article, be entitled to receive a
scholarship to be applied to the career development education of
that person. This sum up to but not exceeding seven thousand five
hundred dollars shall be paid from the Death, Disability and
Retirement Fund to any university or college in this state or to any trade or vocational school or other entity in this state
approved by the Board, to offset the expenses of tuition, room and
board, books, fees or other costs incurred in a course of study at
any of those institutions so long as the recipient makes
application to the Board on an approved form and under such rules
asprovided by the Board may provide, and maintains scholastic
eligibility as defined by the institution or the Board. The Board
may by appropriate rules define age requirements, physical and
mental requirements, scholastic eligibility, disbursement methods,
institutional qualifications and other requirements as necessary
and not inconsistent with this section.(d) Awards and benefits for a member's surviving spouse or
dependents received under any section or any of the provisions of
this retirement system shall beis in lieu of receipt of any such
survivor's benefits for such persons under the provisions of any
other state retirement system. Receipt of benefits under any other
state retirement system shall beis in lieu of any right to receive
any benefits under this retirement system, so that only a single
receipt of retirement benefits shall occur.(e) For the purposes of this section, the term "salary" does
not include any compensation paid for overtime service.

§15-2-34. Same -- When member dies from nonservice-connected
causes.

(a) In any case where a member while in active service of the
divisionState Police, before having completed twenty years of service as a member of the divisionState Police,has died or shall
diedies from any cause other than those specified in this article
and not due to vicious habits, intemperance or willful misconduct
on his or her part, there shall be paid annually in equal monthly
installments from saidthe Death, Disability and Retirement Fund to
the surviving spouse of suchthe member during his or her lifetime,
or until such time as saidthe surviving spouse remarries, a sum
equal to one half of the salary received in the preceding
twelve-month employment period by the deceased member: Provided,
That if the member had not been employed with the divisionState
Police for twelve months prior to his or her death, the amount of
monthly salary shall be annualized for the purpose of determining
the benefit. SuchThe benefit shall become immediately available
upon the death of the member. If there is no surviving spouse, or
the surviving spouse dies or remarries, there shall be paid monthly
to each dependent child, or children, from the Death, Disability
and Retirement Fund, a sum equal to twenty-five percent of thea
surviving spouse's entitlement. If there are no surviving spouse
and no dependent child or children, there shall be paid annually in
equal monthly installments from the Fund to the dependent parents
of the deceased member during their joint lifetimes a sum equal to
the amount which a surviving spouse would have been entitled to
receive: Provided, however, That when there is but one dependent
parent surviving, that parent shall beis entitled to receive
during his or her lifetime one-half the amount which both parents,
if living, would have been entitled to receive.(b) For the purposes of this section, the term "salary" does
not include compensation paid for overtime service.

§15-2-37. Refunds to certain members upon discharge or
resignation; deferred retirement.

(a) Any member who shall beis discharged by order of the
Superintendent or shall otherwise terminateterminates employment
with the divisionState Police,shall, at the written request of
the member to the Retirement Board, beis entitled to receive from
the retirement Fund a sum equal to the aggregate of the principal
amount of moneys deducted from his or her salary and paid into the
Death, Disability and Retirement Fund plus four percent interest
compounded thereon calculated annually as provided and required by
this article.
(b) Any member who has ten or more years of service with the
divisionState Police and who withdraws his or her contributions
may thereafter be reenlisted as a member of the divisionState
Police, but may not receive any prior service credit on account of
former service, unless following reenlistment the member shall
redepositdeposits in the Fund established in article two-a of this
chapter the amount of the refund, together with interest thereon at
the rate of seven and one-half percent per annum from the date of
withdrawal to the date of redeposit, in which case he or she shall
receive the same credit on account of his or her former service as
if no refund had been made. He or she shall become a member of the
retirement system established in article two-a of this chapter.
(c) Every member who completes ten years of service with the
division of public safetyState Police is eligible, upon separation
of employment with the divisionState Police, either to withdraw
his or her contributions in accordance with subsection (a) of this
section or to choose not to withdraw his or her accumulated
contributions with interest. Upon attainment of age sixty-two, a
member who chooses not to withdraw his or her contributions will be
eligible to receive a retirement annuity. Any member choosing to
receive the deferred annuity under this subsection is not eligible
to receive the annual annuity adjustment provided in section
twenty-seven-a of this article. When the Retirement Board retires
any member under any of the provisions of this section, the Board
shall, by order in writing, make an award directing that the member
is entitled to receive annually and that there shall be paid to the
member from the Death, Disability and Retirement Fund in equal
monthly installments during the lifetime of the member while in
status of retirement one or the other of two amounts, whichever is
greater:
(1) An amount equal to five and one-half percent of the
aggregate of salary paid to the member during the whole period of
service as a member of the division of public safetyState Police;
or
(2) The sum of six thousand dollars.
The annuity shall beis payable during the lifetime of the
member. The retiring member may choose, in lieu of such a life annuity, an annuity in reduced amount payable during the member's
lifetime, with one half of suchthe reduced monthly amount paid to
his or her surviving spouse if any, for the spouse's remaining
lifetime after the death of the member. Reduction of this monthly
benefit amount shall be calculated to be of equal actuarial value
to the life annuity the member could otherwise have chosen.

CHAPTER 18. EDUCATION.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.§18-7A-3. Definitions."Teacher member" means the following persons, if regularly
employed for full-time service: (a) Any person employed for
instructional service in the public schools of West Virginia; (b)
principals; (c) public school librarians; (d) superintendents of
schools and assistant county superintendents of schools; (e) any
county school attendance director holding a West Virginia teacher's
certificate; (f) the executive secretary of the retirement board;
(g) members of the research, extension, administrative or library
staffs of the public schools; (h) the state superintendent of
schools, heads and assistant heads of the divisions under his or
her supervision, or any other employee under the state
superintendent performing services of an educational nature; (i)
employees of the state board of education who are performing
services of an educational nature; (j) any person employed in a
nonteaching capacity by the state board of education, the West
Virginia board of regents [abolished], any county board of education, the state department of education or the teachers
retirement board, if that person was formerly employed as a teacher
in the public schools; (k) all classroom teachers, principals and
educational administrators in schools under the supervision of the
division of corrections, the division of health or the division of
human services; and (l) employees of the state bod of school
finance, if that person was formerly employed as a teacher in the
public schools."Nonteaching member" means any person, except a teacher
member, who is regularly employed for full-time service by: (a) Any
county board of education; (b) the state board of education; (c)
the West Virginia board of regents [abolished]; or (d) the teachers
retirement board."Members of the administrative staff of the public schools"
means deans of instruction, deans of men, deans of women, and
financial and administrative secretaries."Members of the extension staff of the public schools" means
every agricultural agent, boys' and girls' club agent and every
member of the agricultural extension staff whose work is not
primarily stenographic, clerical or secretarial."Retirement system" means the state teachers retirement system
provided for in this article."Present teacher" means any person who was a teacher within
the thirty-five years beginning the first day of July, one thousand
nine hundred thirty-four, and whose membership in the retirement system is currently active."New entrant" means a teacher who is not a present teacher."Regularly employed for full-time service" means employment in
a regular position or job throughout the employment term regardless
of the number of hours worked or the method of pay."Employment term" means employment for at least ten months, a
month being defined as twenty employment days."Present member" means a present teacher who is a member of
the retirement system."Total service" means all service as a teacher while a member
of the retirement system since last becoming a member and, in
addition thereto, credit for prior service, if any."Prior service" means all service as a teacher completed prior
to the first day of July, one thousand nine hundred forty-one, and
all service of a present member who was employed as a teacher, and
did not contribute to a retirement account because he or she was
legally ineligible for membership during the service."Pick-up service" means service that a member was entitled to,
but which the employer has not withheld or paid for."Average final salary" means the average of the five highest
fiscal year salaries earned as a member within the last fifteen
fiscal years of total service credit, including military service as
provided in this article, or if total service is less than fifteen
years, the average annual salary for the period on which contributions were made."Accumulated contributions" means all deposits and all
deductions from the earnable compensationof a contributor minus
the total of all supplemental fees deducted from his or her
compensation."Regular interest" means interest at four percent compounded
annually, or a higher earnable rate if set forth in the formula
established in legislative rules, series seven of the consolidated
public retirement board.Refund interest" means interest compounded, according to the
formula established in legislative rules, series seven of the
consolidated public retirement board."Employer" means the agency of and within the state which has
employed or employs a member."Contributor" means a member of the retirement system who has
an account in the teachers accumulation fund."Beneficiary" means the recipient of annuity payments made
under the retirement system."Refund beneficiary" means the estate of a deceased
contributor or a person he or she has nominated as beneficiary of
his or her contributions by written designation duly executed and
filed with the retirement board."Earnable compensation" means the full compensation actually
received by members for service as teachers whether or not a part of the compensation is received from other funds, federal or
otherwise, than those provided by the state or its subdivisions.
Allowances from employers for maintenance of members shall be
considered a part of earnable compensation for those members whose
allowances were approved by the teachers retirement board and
contributions to the teachers retirement system were made, in
accordance therewith, on or before the first day of July, one
thousand nine hundred eighty."Annuities" means the annual retirement payments for life
granted beneficiaries in accordance with this article."Member" means a member of the retirement system."Public schools" means all publicly supported schools,
including normal schools, colleges and universities in this state."Deposit" means a voluntary payment to his or her account by
a member."Plan year" means the twelve-month period commencing on the
first day of July and ending the following thirtieth day of June of
any designated year."Internal Revenue Code" means the Internal Revenue Code of
1986, as it has been amended."Required beginning date" means the first day of April of the
calendar year following the later of: (a) The calendar year in
which the member attains age seventy and one-half; or (b) the
calendar year in which the member retires or ceases covered
employment under the system.(a) As used in this article, unless the context clearly
requires a different meaning:(1) "Accumulated contributions" means all deposits and all
deductions from the gross salary of a contributor plus regular
interest.(2) "Accumulated net benefit" means the aggregate amount of
all benefits paid to or on behalf of a retired member.(3) "Annuities" means the annual retirement payments for life
granted beneficiaries in accordance with this article.
(4) "Average final salary" means the average of the five
highest fiscal year salaries earned as a member within the last
fifteen fiscal years of total service credit, including military
service as provided in this article, or if total service is less
than fifteen years, the average annual salary for the period on
which contributions were made.(5) "Beneficiary" means the recipient of annuity payments made
under the retirement system.
(6) "Contributor" means a member of the retirement system who
has an account in the teachers accumulation fund.
(7) "Deposit" means a voluntary payment to his or her account
by a member.
(8) "Employer" means the agency of and within the state which
has employed or employs a member.(9) "Employment term" means employment for at least ten months, a month being defined as twenty employment days.
(10) "Gross salary" means the fixed annual or periodic cash
wages paid by a participating public employer to a member for
performing duties for the participating public employer for which
the member was hired. Gross salary shall also include retroactive
payments made to a member to correct a clerical error, or pursuant
to a court order or final order of an administrative agency charged
with enforcing federal or state law pertaining to the member's
rights to employment or wages, with all retroactive salary payments
to be allocated to and considered paid in the periods in which the
work was or would have been done. Gross salary shall not include
lump sum payments for bonuses, early retirement incentives,
severance pay, or any other fringe benefit of any kind including,
but not limited to, transportation allowances, automobiles or
automobile allowances, or lump sum payments for unused, accrued
leave of any type or character.(11) "Internal Revenue Code" means the Internal Revenue Code
of 1986, as amended.
(12) "Member" means a member of the retirement system.
(13) "Members of the administrative staff of the public
schools" means deans of instruction, deans of men, deans of women,
and financial and administrative secretaries.(14) "Members of the extension staff of the public schools"
means every agricultural agent, boys' and girls' club agent and
every member of the agricultural extension staff whose work is not primarily stenographic, clerical or secretarial.
(15) "New entrant" means a teacher who is not a present
teacher.
(16) "Nonteaching member" means any person, except a teacher
member, who is regularly employed for full-time service by: (A)
Any county board of education; (B) the State Board of Education; or
(C) the Higher Education Policy Commission;(17) "Pick-up service" means service to which a member is
entitled, but for which the employer has not withheld or paid.
(18) "Plan year" means the twelve-month period commencing on
the first day of July, and ending the following thirtieth day of
June, of any designated year.
(19) "Present member" means a present teacher who is a member
of the retirement system.
(20) "Present teacher" means any person who was a teacher
within the thirty-five years beginning the first day of July, one
thousand nine hundred thirty-four, and whose membership in the
retirement system is currently active.(21) "Prior service" means all service as a teacher completed
prior to the first day of July, one thousand nine hundred
forty-one, and all service of a present member who was employed as
a teacher, and for which the teacher did not contribute to a
retirement account because he or she was legally ineligible for
membership during the service.
(22) "Public schools" means all publicly supported schools,
including normal schools, colleges and universities in this state.
(23) "Refund beneficiary" means the estate of a deceased
contributor or a person he or she has nominated as beneficiary of
his or her contributions by written designation duly executed and
filed with the Consolidated Public Retirement Board.(24) "Refund interest" means interest compounded, according to
the formula established in legislative rules, series seven of the
Consolidated Public Retirement Board.
(25) "Regular interest" means interest at four percent
compounded annually, or a higher earnable rate if set forth in the
formula established in legislative rules, series seven of the
Consolidated Public Retirement Board.
(26) "Regularly employed for full-time service" means
employment in a regular position or job throughout the employment
term regardless of the number of hours worked or the method of pay.
(27) "Required beginning date" means the first day of April of
the calendar year following the later of: (A) The calendar year in
which the member attains age seventy and one-half; or (B) the
calendar year in which the member retires or ceases covered
employment under the system.
(28) "Retirement Board" means the Consolidated Public
Retirement Board.
(29) "Retirement system" means the State Teachers Retirement System provided for in this article.(30) "Teacher member" means the following persons, if
regularly employed for full-time service: (A) Any person employed
for instructional service in the public schools of West Virginia;
(B) principals; (C) public school librarians; (D) superintendents
of schools and assistant county superintendents of schools; (E) any
county school attendance director holding a West Virginia teacher's
certificate; (F) members of the research, extension, administrative
or library staffs of the public schools; (G) the State
Superintendent of schools, heads and assistant heads of the
divisions under his or her supervision, or any other employee under
the State Superintendent performing services of an educational
nature; (H) employees of the State Board of Education who are
performing services of an educational nature; (I) any person
employed in a nonteaching capacity by the State Board of Education,
any county board of education, or the State Department of
Education, if that person was formerly employed as a teacher in the
public schools; (J) all classroom teachers, principals and
educational administrators in schools under the supervision of the
Division of Corrections, the Department of Health and Human
Resources; and (K) employees of the State Board of School Finance,
if that person was formerly employed as a teacher in the public
schools.(31) "Total service" means all service as a teacher or
nonteacher while a member of the retirement system since last
becoming a member and, in addition thereto, credit for prior service, if any.The masculine gender shall be construed so as to include the
feminine.(b) Age in excess of seventy years shall be considered to be
seventy years.§18-7A-14. Contributions by members.(a) At the end of each month every member of the retirement
system shall contribute six percent of that member's monthly
earnable compensationgross salary to the retirement board:
Provided, That any member employed by the West Virginia Board of
Directors of the State College System or the Board of Trustees of
the university system at an institution of higher education under
its control shall contribute on the member's full gross salary,
unless otherwise provided in section fourteen-a of this article.(b) Annually, the contributions of each member shall be
credited to the member's account in the teachers accumulation fund.
The contributions shall be deducted from the salaries of the
members as herein prescribed in this section, and every member
shall be deemedconsidered to have given consent to suchthe
deductions. No deductions, however, shallmay be made from the
earnable compensationgross salary of any member who retired
because of age or service, and then resumed service unless as
provided in section thirteen-a of this article.(c) The aggregate of employer contributions, due and payable
under this article, shall equal annually the total deductions from the earnable compensationgross salary of members required by this
section. Beginning the first day of July, one thousand nine
hundred ninety-four, the rate shall be seven and one-half percent;
beginning on the first day of July, one thousand nine hundred
ninety-five, the rate shall be nine percent; beginning on the first
day of July, one thousand nine hundred ninety-six, the rate shall
be ten and one-half percent; beginning on the first day of July,
one thousand nine hundred ninety-seven, the rate shall be twelve
percent; beginning on the first day of July, one thousand nine
hundred ninety-eight, the rate shall be thirteen and one-half
percent; and Beginning on the first day of July, one thousand nine
hundred ninety-nine and thereafter, the rate shall be fifteen
percent.(d) Payment by an employer to a member of the sum specified in
the employment contract minus the amount of the employee's
deductions shall be deemedconsidered to be a full discharge of the
employer's contractual obligation as to earnable compensationgross
salary.(e) Each contributor shall file with the Consolidated Public
Retirement Board or with the employer to be forwarded to the
retirement board an enrollment form showing the contributor's date
of birth and other data needed by the retirement board.

§18-7A-17. Statement and computation of teachers' service;
qualified military service.

(a) Under rules adopted by the Retirement Board, each teacher shall file a detailed statement of his or her length of service as
a teacher for which he or she claims credit. The Retirement Board
shall determine what part of a year is the equivalent of a year of
service. In computing the service, however, it shall credit no
period of more than a month's duration during which a member was
absent without pay, nor shall it credit for more than one year of
service performed in any calendar year.
(b) For the purpose of this article, the Retirement Board
shall grant prior service credit to new entrants and other members
of the retirement system for service in any of the Armed Forces of
the United States in any period of national emergency within which
a federal Selective Service Act was in effect. For purposes of
this section, "armed forces" includes women's army corps, women's
appointed volunteers for emergency service, army nurse corps,
spars, women's reserve and other similar units officially parts of
the military service of the United States. The military service is
considered equivalent to public school teaching, and the salary
equivalent for each year of that service is the actual salary of
the member as a teacher for his or her first year of teaching after
discharge from military service. Prior service credit for military
service shall not exceed ten years for any one member, nor shall it
exceed twenty-five percent of total service at the time of
retirement. Notwithstanding the preceding provisions of this
subsection, contributions, benefits and service credit with respect
to qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in
Section 414(u) of the Internal Revenue Code. The retirement board
is authorized tomay determine all questions and make all decisions
relating to this section and, pursuant to the authority granted to
the Retirement Board in section one, article ten-d, chapter five of
this code, may promulgate rules relating to contributions, benefits
and service credit to comply with Section 414(u) of the Internal
Revenue Code. No military service credit may be used in more than
one retirement system administered by the Consolidated Public
Retirement Board.
(c) For service as a teacher in the employment of the federal
government, or a state or territory of the United States, or a
governmental subdivision of that state or territory, the Retirement
Board shall grant credit to the member: Provided, That the member
shall pay to the system double the amount he or she contributed
during the first full year of current employment, times the number
of years for which credit is granted, plus interest at a rate to be
determined by the Retirement Board. The interest shall be
deposited in the reserve fund and service credit granted at the
time of retirement shall not exceed the lesser of ten years or
fifty percent of the member's total service as a teacher in West
Virginia. Any transfer of out-of-state service, as provided in
this article, shallmay not be used to establish eligibility for a
retirement allowance and the Retirement Board shall grant credit
for the transferred service as additional service only: Provided,
however, That a transfer of out-of-state service is prohibited if the service is used to obtain a retirement benefit from another
retirement system: Provided further, That salaries paid to members
for service prior to entrance into the retirement system shallmay
not be used to compute the average final salary of the member under
the retirement system.
(d) Service credit for members or retired members shallmay
not be denied on the basis of minimum income rules promulgated by
the Teachers Retirement Board: Provided, That the member or
retired member shall pay to the system the amount he or she would
have contributed during the year or years of public school service
for which credit was denied as a result of the minimum income rules
of the Teachers Retirement Board.
(e) No members shall be considered absent from service while
serving as a member or employee of the Legislature of the State of
West Virginia during any duly constituted session of that body or
while serving as an elected member of a county commission during
any duly constituted session of that body.
(f) No member shallmay be considered absent from service as
a teacher while serving as an officer with a statewide professional
teaching association, or who has served in that capacity, and no
retired teacher, who served in that capacity while a member, shall
may be considered to have been absent from service as a teacher by
reason of that service: Provided, That the period of service
credit granted for that service shallmay not exceed ten years:
Provided, however, That a member or retired teacher who is serving
or has served as an officer of a statewide professional teaching association shall make deposits to the Teachers Retirement Board,
for the time of any absence, in an amount double the amount which
he or she would have contributed in his or her regular assignment
for a like period of time.
(g) The Teachers Retirement Board shall grant service credit
to any former or present member of the West Virginia Public
Employees Retirement System who has been a contributing member for
more than three years, for service previously credited by the
Public Employees Retirement System and: (1) Shall require the
transfer of the member's contributions to the teachers retirement
system; or (2) shall require a repayment of the amount withdrawn
any time prior to the member's retirement: Provided, That there
shall be added by the member to the amounts transferred or repaid
under this subsection an amount which shall be sufficient to equal
the contributions he or she would have made had the member been
under the Teachers Retirement System during the period of his or
her membership in the Public Employees Retirement System plus
interest at a rate to be determined by the Board compounded
annually from the date of withdrawal to the date of payment. The
interest paid shall be deposited in the reserve fund.
(h) For service as a teacher in an elementary or secondary
parochial school, located within this state and fully accredited by
the West Virginia Department of Education, the Retirement Board
shall grant credit to the member: Provided, That the member shall
pay to the system double the amount contributed during the first
full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined
by the Retirement Board. The interest shall be deposited in the
reserve fund and service granted at the time of retirement shall
not exceed the lesser of ten years or fifty percent of the member's
total service as a teacher in the West Virginia public school
system. Any transfer of parochial school service, as provided in
this section, may not be used to establish eligibility for a
retirement allowance and the board shall grant credit for the
transfer as additional service only: Provided, however, That a
transfer of parochial school service is prohibited if the service
is used to obtain a retirement benefit from another retirement
system.
(i) Active members who previously worked in CETA
(Comprehensive Employment and Training Act) may receive service
credit for time served in that capacity: Provided, That in order
to receive service credit under the provisions of this subsection
the following conditions mustshall be met: (1) The member must
have moved from temporary employment with the participating
employer to permanent full-time employment with the participating
employer within one hundred twenty days following the termination
of the member's CETA employment; (2) the Retirement Board must
receive evidence that establishes to a reasonable degree of
certainty as determined by the Board that the member previously
worked in CETA; and (3) the member shall pay to the board an amount
equal to the employer and employee contribution plus interest at
the amount set by the Retirement Board for the amount of service credit sought pursuant to this subsection: Provided, however, That
the maximum service credit that may be obtained under the
provisions of this subsection is two years: Provided further, That
a member must apply and pay for the service credit allowed under
this subsection and provide all necessary documentation by the
thirty-first day of March, two thousand three: And provided
further, That the Retirement Board shall exercise due diligence to
notify affected employees of the provisions of this subsection.
(j) If a member is not eligible for prior service credit or
pension as provided in this article, then his or her prior service
shallmay not be considered a part of his or her total service.
(k) A member who withdrew from membership may regain his or
her former membership rights as specified in section thirteen of
this article only in case he or she has served two years since his
or her last withdrawal.
(l) Subject to the provisions of subsections (a) through (l),
inclusive, of this section, the Retirement Board shall verify as
soon as practicable the statements of service submitted. The
Retirement Board shall issue prior service certificates to all
persons eligible for the certificates under the provisions of this
article. The certificates shall state the length of the prior
service credit, but in no case shallmay the prior service credit
exceed forty years.
(m) Notwithstanding any provision of this article to the
contrary, when a member is or has been elected to serve as a member of the Legislature, and the proper discharge of his or her duties
of public office require that member to be absent from his or her
teaching or administrative duties, the time served in discharge of
his or her duties of the legislative office are credited as time
served for purposes of computing service credit: Provided, That
the Retirement Board may not require any additional contributions
from that member in order for the Retirement Board to credit him or
her with the contributing service credit earned while discharging
official legislative duties: Provided, however, That nothing
hereinin this section may be construed to relieve the employer
from making the employer contribution at the member's regular
salary rate or rate of pay from that employer on the contributing
service credit earned while the member is discharging his or her
official legislative duties. These employer payments shall
commence as of the first day of June, two thousand: Provided
further, That any member to which the provisions of this subsection
apply may elect to pay to the Board an amount equal to what his or
her contribution would have been for those periods of time he or
she was serving in the Legislature. The periods of time upon which
the member paid his or her contribution shall then be included for
purposes of determining his or her final average salary as well as
for determining years of service: And provided further, That a
member utilizingusing the provisions of this subsection is not
required to pay interest on any contributions he or she may decide
to make.
(n) The teachers Retirement Board shall grant service credit to any former member of the State Police Death, Disability and
Retirement System who has been a contributing member for more than
three years, for service previously credited by the State Police
Death, Disability and Retirement System; and: (1) Shall require
the transfer of the member's contributions to the Teachers
Retirement System; or (2) shall require a repayment of the amount
withdrawn any time prior to the member's retirement: Provided,
That the member shall add to the amounts transferred or repaid
under this paragraph an amount which is sufficient to equal the
contributions he or she would have made had the member been under
the Teachers Retirement System during the period of his or her
membership in the State Police Death, Disability and Retirement
System plus interest at a rate of six percentdetermined by the
Retirement Board compounded annually from the date of withdrawal to
the date of payment. The interest paid shall be deposited in the
reserve fund.§18-7A-23a. Terminal benefits.For the purposes of this section, the term "accumulated net
benefit" means the aggregate amount of all benefits paid to or on
behalf of a member. This includes, without limitation: (a)
Benefits paid to the member as an annuity; (b) any lump sum
distributions paid to the member or to any other person on account
of the member's rights to benefits from the plan; (c) survivor
benefits paid to any person or persons on account of the member's
rights to benefits from the plan; and (d) any other distributions
on accountof the member's rights to benefits from the plan whether they are paid in the nature of a refund of contributions, interest
on contributions, lump sum distributions, or annuity type benefits.
The amounts counted will be the amounts actually paid without
regard to any optional form of any annuity benefit.For the purposes of this section, the term "accumulated
employee contributions" means all money the member has contributed
to the plan, whether the form of the contribution was after tax
deductions from wages, before tax deductions from wages, direct
remittance by the member to repay contributions and interest
previously distributed and direct remittance by the member to pay
imputed contributions for period which were not subject to
contributions but may be counted for benefit purposes under the
plan. The term accumulated employee contributions does not include
any amount credited under the provisions of the plan as interest on
member contributions.For the purposes of this section, the term "member's account"
means the excess of the accumulated employee contributions over the
accumulated net benefit payments at any point in time and the term
"member" includes each individual who has contributed, or will
contribute in the future, to the teachers retirement system,
including each retirant. (a) This section provides for the payment
of the balance in thea retired member's account to paid in the
manner described hereinin this section in the event that all
claims to benefits payable to, or on behalf of, a member expire
before his or her member account has been fully exhausted. The
expiration of such rights to benefits would be onat the occasion oflater of either the death of the retired member and any and all
beneficiaries who might have a claim to regular benefit payments
under the plan, for any form of benefit. Without limitation, this
would include the demise of beneficiaries of survivor annuities and
beneficiaries of any lump sum distributionsdrawing benefits under
a straight life annuity, or the death of a survivor annuitant
drawing benefits under any optional form of benefit selected by the
retired member.(b) In the event that all claims to benefits payable to, or on
behalf of, a retired member expire, and the accumulated employee
contributions exceed his or herthe accumulated net benefit
payments paid to or on behalf of the retired member, the balance in
the retired member's account shall be paid to the person or persons
as the retired member has nominated by written designation duly
executed and filed with the Retirement Board. of Trustees. If
there be no designated person or persons survivingsurvive the
retired member following the expiration of claims, the excess of
the accumulated employee contributions over the accumulated net
benefit, if any, shall be paid to his or herthe retired member's
estate: In no case may the plan retain any amount of the
accumulated employee contributions remaining in the member's
account, but it shall retain interest earned on the same
accumulated employee contributions in the instance of a member's or
beneficiary's post-retirement death.Provided, That the provisions
of this section shall be retroactive to all members who entered
retirement status on or after the ninth day of June, two thousand.§18-7A-25. Eligibility for retirement allowance.(a) Any member who has attained the age of sixty years or who
has had thirty-five years of total service as a teacher in West
Virginia, regardless of age, shall beis eligible for an annuity.
No new entrant nor present member shall beis eligible for an
annuity, however, if either has less than five years of service to
his or her credit.(b) Any member who has attained the age of fifty-five years
and who has served thirty years as a teacher in West Virginia shall
beis eligible for an annuity.(c) Any member who has served at least thirty but less than
thirty-five years as a teacher or nonteaching member in West
Virginia and is less than fifty-five years of age, shall beis
eligible for an annuity, but the sameannuity shall be the reduced
actuarial equivalent of the annuity the member would have received
if suchthe member were age fifty-five at the time such annuity was
the member applied for the annuity.(d) The request for any annuity shall be made by the member in
writing to the Retirement Board, but in case of retirement for
disability, the written request may be made by either the member or
the employer.(e) A member shall beis eligible for annuity for disability
if he or she satisfies the conditions in either subdivision (a) or
subdivision (b) and meets the conditions of subdivision (c) as
follows:(a)(1) His or her service as a teacher or nonteaching member
in West Virginia must total at least ten years, and service as a
teacher or nonteaching member must have been terminated because of
disability, which. The disability must have caused absence from
service for at least six months before his or her application for
disability annuity is approved.(b)(2) His or her service as a teacher or nonteaching member
in West Virginia must total at least five years, and service as a
teacher or nonteaching member must have been terminated because of
disability, which. The disability must have caused absence from
service for at least six months before his or her application for
disability annuity is approved and saidthe disability is a direct
and total result of an act of student violence directed toward the
member.(c)(3) An examination by a physician or physicians selected
by the Retirement Board must show that the member is at the time
mentally or physically incapacitated for service as a teacher or
nonteaching member, that for such service as a teacher or
nonteaching member the disability is total and likely to be
permanent, and that he or shethe member should be retired in
consequence thereofof the incapacitation.(f) Continuance of the disability of the retired teacher
member shall be established by medical examination, as prescribed
in the preceding paragraph,subdivision (3), subsection e of this
section annually for five years after retirement, and thereafter at
such times as the retirement board may require. Effective the first day of July, one thousand nine hundred ninety-eight, a member
who has retired because of a disability may select an option of
payment under the provisions of section twenty-eight of this
article: Provided, That any option selected under the provisions
of section twenty-eight of this article shall be in all respects
the actuarial equivalent of the straight life annuity benefit the
disability retiree receives or would receive if the options under
section twenty-eight of this article were not available and that no
beneficiary or beneficiaries of the disability annuitant may
receive a greater benefit, nor receive any benefit for a greater
length of time, than suchthe beneficiary or beneficiaries would
have received had the disability retiree not made any election of
the options available under said section twenty-eight. In
determining the actuarial equivalence, the Retirement Board shall
take into account the life expectancies of the member and the
beneficiary: Provided, however, That the life expectancies may at
the discretion of the Board be established by an underwriting
medical director of a competent insurance company offering
annuities. Payment of the disability annuity provided in this
article shall cease immediately if the retirement board finds that
the disability of the retired teachermember no longer exists, or
if the retired teachermember refuses to submit to medical
examination as required by this section.§18-7A-26. Computation of annuities.(a) Annuitants whose annuities were approved by the Retirement
Board effective before the first day of July, one thousand nine hundred eighty, shall be paid the annuities which were approved by
the Retirement Board.(b) Annuities approved by the Retirement Board effective after
the thirtieth day of June, one thousand nine hundred eighty, shall
be computed as provided hereinin this section.(c) Upon establishment of eligibility for a retirement
allowance, a member shall be granted an annuity which shall be the
sum of the following:(a)(1) Two percent of the member's average salary multiplied
by his or her total service credit as a teachermember. In this
paragraph "average salary" shall meanmeans the average of the
highest annual salaries received by the member during any five
years contained within his or her last fifteen years of total
service credit: Provided, That the highest annual salary used in
this calculation for certain members employed byunder the control
of the West Virginia Higher Education Policy Commission under its
control shall be four thousand eight hundred dollars, as provided
by section fourteen-a of this article; and chapter;and(b)(2) The actuarial equivalent of the voluntary deposits of
the member in his or her individual account up to the time of his
or her retirement, with regular interest.(d) The disability annuities of all teachers retired for
disability shall be based upon a disability table prepared by a
competent actuary approved by the Retirement Board.(e) Upon the death of an annuitant receiving permanent disability benefits or the death of an annuitant who qualified for
an annuity as the surviving spouse of an active member, or because
of permanent disability,the designated beneficiary or the estate
of the deceased, or beneficiary designated for such purpose, shall
be paid the difference, if any, between the member's contributions
with regular interest thereon, and the sum of the annuity payments.
Upon the death of a spouse who was named as the member's survivor,
a retirant may elect an annuity option approved by the Retirement
Board in an amount adjusted on a fair basis to be of equal
actuarial value as the annuity prospectively in effect relative to
the surviving member at the time the new option is elected.(f) All annuities shall be paid in twelve monthly payments.
In computing the monthly payments, fractions of a cent shall be
deemedare considered a cent. The monthly payments shall cease
with the payment for the month within which the beneficiary dies,
and shall begin with the payment for the month succeeding the month
within which the annuitant became eligible under this article for
the annuity granted; in no case, however, shallmay an annuitant
receive more than four monthly payments which are retroactive after
the Board receives his or her application for annuity. Beginning
with the first day of July, one thousand nine hundred ninety-four,
The monthly payments shall be made on the twenty-fifth day of each
month, except the month of December, when the payment shall be made
on the eighteenth day of December. If the date of payment falls on
a holiday, Saturday or Sunday, then the payment shall be made on
the preceding workday.(g) In case the Retirement Board receives data affecting the
approved annuity of a retired teacher, the annuity shall be changed
in accordance with the data, the change being effective with the
payment for the month within which the Retirement Board received
the new data.(h) Any person who has attained the age of sixty-five and who
has served at least twenty-five years as a teacher or nonteaching
member prior to the first day of July, one thousand nine hundred
forty-one, shall beis eligible for prior service credit and for
prior service pensions as prescribed in this section.§18-7A-34. Loans to members.(a)AAn actively contributing member of the retirement system
upon written application may borrow from his or her individual
account in the teachers accumulation fund, subject to these
restrictions:
(1) Loans shall be made in multiples of ten dollars, the
minimal loan being one hundred dollars and the maximum being eight
thousand dollars: Provided, That the maximum amount of any loan
when added to the outstanding balance of all other loans shall not
exceed the lesser of the following: (a) FiftyEight thousand
dollars reduced by the excess (if any) of the highest outstanding
balance of loans during the one-year period ending on the day
before the date on which the loan is made, over the outstanding
balance of loans to the member on the date on which the loan is
made; or (b) fifty percent of the member's contributions to his or her individual account in the teachers accumulations fund:
Provided, however, That if the total amount of loaned money
outstanding exceeds forty million dollars, the maximum shall not
exceed three thousand dollars until the Retirement Board determines
that loans outstanding have been reduced to an extent that
additional loan amounts are again authorized.
(2) Interest charged on the amount of the loan shall be six
percent per annum, or a higher rate as set by the Retirement Board:
Provided, That interest charged shall be commercially reasonable in
accordance with the provisions of Section 72(p)(2) of the Internal
Revenue Code, and the federal regulations issued thereunderunder
that Code. If repayable in installments, the interest shallmay
not exceed the annual rate so established upon the principal amount
of the loan, for the entire period of the loan, and suchthe charge
shall be added to the principal amount of the loan. The minimal
interest charge shall be for six months.
(3) No member shall beis eligible for more than one
outstanding loan at any time.
(4) If a refund is payable to the borrower or his or her
beneficiary before he or she the borrower repays the loan with
interest, the balance due with interest to date shall be deducted
from suchthe refund.
(5) From his or her monthly salary as a teacher or a
nonteacher the member shall pay the loan and interest by deductions
which will pay the loan and interest in substantially level payments in not more than sixty nor less than six months. Upon
notice of loan granted and payment due, the employer shall beis
responsible for making such salary deductions and reporting them to
the Retirement Board. At the option of the Retirement Board, loan
deductions may be collected as prescribed hereinin this section
for the collection of members' contribution, or may be collected
through issuance of warrant by employer. If the borrower decides
to make loan payments while not paid for service as a teacher,is
no longer employed as a teacher or nonteaching member, the borrower
must make monthly loan payments directly to the Consolidated Public
Retirement Board and the Retirement Board must accept suchthe
payments.
(6) The entire unpaid balance of any loan, and interest due
thereon, shall, at the option of the Retirement Board, become due
and payable without further notice or demand upon the occurrence
with respect to the borrowing member of any of the following events
of default: (A) Any payment of principal and accrued interest on
a loan remains unpaid after the same becomes due and payable under
the terms of the loan or after suchthe grace period as may be
established in the discretion of the Retirement Board; (B) the
borrowing member attempts to make an assignment for the benefit of
creditors of his or her refund or benefit under the retirement
system; or (C) any other event of default set forth in rules
promulgated by the Retirement Board in accordance with the
authority granted pursuant to section one, article ten-d, chapter
five of this code: Provided, That any refund or offset of an unpaid loan balance shall be made only at the time the member is
entitled to receive a distribution under the Retirement System.
(7) Loans shall be evidenced by such form of obligations and
shall be made upon such additional terms as to default, prepayment,
security and otherwise asdetermined by the Retirement Board may
determine.
(8) Notwithstanding anything hereinin this section to the
contrary, the loan program authorized by this section shall comply
with the provisions of Section 72(p)(2) and Section 401 of the
Internal Revenue Code, and the federal regulations issued
thereunderunder that Code, and accordingly, the Retirement Board
is authorized to: (A) Apply and construe the provisions of this
section and administer the plan loan program in such a manner as to
complythat complies with the provisions of Section 72(p)(2) and
Section 401 of the Internal Revenue Code and the federal
regulations issued thereunderunder that Code; (B) adopt plan loan
policies or procedures consistent with these federal law
provisions; and (C) take suchany actions as it deemsconsiders
necessary or appropriate to administer the plan loan program
created hereunderunder this section in accordance with these
federal law provisions. The Retirement Board is further authorized
in connection with the plan loan program to take any actions that
may at any time be required by the Internal Revenue Service
regarding compliance with the requirements of Section 72(p)(2) or
section 401 of the Internal Revenue Code, and the federal
regulations issued thereunderunder that Code, notwithstanding any provision in this article to the contrary.

(b) Notwithstanding anything in this article to the contrary,
the loan program authorized by this section shall not be available
to any teacher or nonteacher who becomes a member of the Teachers
Retirement System on or after the first day of July, two thousand
five.